The Freedom of Information Act lets anyone request federal agency records, and for people in the immigration system it is the ordinary way to see their own file: the A-file with every application, notice and interview note, the entry and exit records, and the immigration court record. The law sets deadlines for the agency’s answer and gives a way to enforce them in court.
Quick Facts
- Statute: 5 U.S.C. § 552
- Agency deadline: 20 business days, extendable by 10 in unusual circumstances
- USCIS requests: online only, through first.uscis.gov, since January 22, 2026
- Administrative appeal: at least 90 days after an adverse determination
- Court: federal district court, 5 U.S.C. § 552(a)(4)(B)
Which agency holds what
- USCIS: the A-file, including applications, petitions, notices, and interview notes.
- ICE: arrest, detention and removal records.
- CBP: border encounters, inspections and entry and exit records.
- EOIR (the immigration courts): the record of proceedings in removal cases.
- State Department: visa application and refusal records, which are subject to special confidentiality rules.
Each agency has its own FOIA office, so a complete picture often takes several requests.
Making the request
Since January 22, 2026, USCIS asks that all FOIA and Privacy Act requests for its records be made online at first.uscis.gov after creating a USCIS account; the paper route is no longer the way in. A request for one’s own records should identify the person precisely, with full name, date of birth, A-number and receipt numbers, and include the identity verification or consent the agency requires. Someone requesting another person’s records generally needs that person’s written consent.
USCIS runs separate processing tracks. One of them is reserved for people with a scheduled hearing before an immigration judge, whose requests are handled on an accelerated basis.
Deadlines and exemptions
An agency must determine within 20 business days whether it will comply with a request, and may extend that by 10 business days in unusual circumstances (5 U.S.C. § 552(a)(6)(A)(i), (B)). Records can be withheld only under nine exemptions (§ 552(b)). In immigration files the most common are the deliberative-process privilege (b)(5), personal privacy (b)(6) and (b)(7)(C), and law-enforcement techniques (b)(7)(E). Withholdings must be identified, and reasonably segregable parts must be released.
Appeals and lawsuits
An adverse determination can be appealed within the agency; the requester must have at least 90 days to do so (§ 552(a)(6)(A)(i)(III)(aa)). If the agency misses its statutory deadlines, the requester is treated as having exhausted administrative remedies and can go to court (§ 552(a)(6)(C)(i)). The district court decides the matter de novo and can order the records produced (§ 552(a)(4)(B)), and a requester who substantially prevails may recover attorney’s fees (§ 552(a)(4)(E)). There is more on suing when a FOIA request goes unanswered.