FOIA Request – In context of citizenship application process

[RD2426]

Guys,
The original thread (by Pete664) was moved so I created this new thread because my questions are in context of the citizenship application process, so bear with me here.

1. I know that, as part of the citizenship application process, the IO gets our A-file/records. So when I make a FOIA request for a copy of my records; will I get the same A-file/records? Or does the IO get additional records which we normally wouldn’t be able to obtain (in context of immigration records)?
   
   
2. I am assuming that if I request my records while my n400 is being processed, it wouldn't have any adverse effect on my citizenship process or during my citizenship interview; I know I know ...If the law gives us freedom to obtain our records then why would it have an adverse effect. But I wanted to ask and get everyone's opinion anyways.

Thanks

 

[WBH]

Guys,

[*]I am assuming that if I request my records while my n400 is being processed, it wouldn't have any adverse effect on my citizenship process or during my citizenship interview; I know I know ...If the law gives us freedom to obtain our records then why would it have an adverse effect. But I wanted to ask and get everyone's opinion anyways.
[/LIST]

Thanks

Could FOIA request interfere with USCIS sending the same A-file to the local DO so that your interview can be delayed?

 

[formerf1]

Guys,
The original thread (by Pete664) was moved so I created this new thread because my questions are in context of the citizenship application process, so bear with me here.

1. I know that, as part of the citizenship application process, the IO gets our A-file/records. So when I make a FOIA request for a copy of my records; will I get the same A-file/records? Or does the IO get additional records which we normally wouldn’t be able to obtain (in context of immigration records)?
   
   
2. I am assuming that if I request my records while my n400 is being processed, it wouldn't have any adverse effect on my citizenship process or during my citizenship interview; I know I know ...If the law gives us freedom to obtain our records then why would it have an adverse effect. But I wanted to ask and get everyone's opinion anyways.

Thanks

I wonder what is the point in requesting A file? you know what is in there don't you?

 

[WBH]

I wonder what is the point in requesting A file? you know what is in there don't you?

One example:

If you had any pre-GC arrest record and disclosed it on I-485, you want to know THe USCIS correctly reviewed it before they granted you a GC so that this won't come again as an issue in N400 processing

If you see the USCIS decision at that time is "let's give this guy a GC now and then revoke it when he later coem to apply for citizenship", then
you better not apply for citizenship

 

[RD2426]

The A-file that the IO gets - how far back does it go? Will the IO get my records on my very first US visa application (visa applied in India) from 12 years ago? I unwittingly made a mistake on the visa application. If they get those records too, I just want to be prepared in case it comes up in the interview.

I am not comfortable getting into details. So I'd appreciate if you don't ask.

Also, with all due respect to everyone, please refrain from posting comments such as "what is the point" or something else to that effect, because every person and circumstances are different. Formerf1, I know you did not mean it in a bad way buddy. I just don't want this thread to loose it's focus and become a volley of unrelated comments. Because these questions are very important to me and my citizenship application.
Thanks

 

[Vorpal]

Keep in mind that your request will take several months to process. Until recently, it took upwards of 2 years for USCIS to process a FOIA request. My request was received in October 2008 and I still haven't received it. As you can see, I'm already done with naturalization. The only reason I requested my A file is to see exactly what's in it. If you're ready to apply for your citizenship, go ahead and apply. Unless you have a checkered past, I highly doubt that viewing your A file will affect the outcome of your application.

To answer your question, your A file covers your entire immigration process, from your first U.S. visa to your naturalization application to everything in between. For example, if you've been a permanent resident for 20 years and applied for a reentry permit 18 years ago, it'll be in your A file.

The A-file that the IO gets - how far back does it go? Will the IO get my records on my very first US visa application (visa applied in India) from 12 years ago? I unwittingly made a mistake on the visa application. If they get those records too, I just want to be prepared in case it comes up in the interview.

I am not comfortable getting into details. So I'd appreciate if you don't ask.

Also, with all due respect to everyone, please refrain from posting comments such as "what is the point" or something else to that effect, because every person and circumstances are different. Formerf1, I know you did not mean it in a bad way buddy. I just don't want this thread to loose it's focus and become a volley of unrelated comments. Because these questions are very important to me and my citizenship application.
Thanks

 

[formerf1]

The A-file that the IO gets - how far back does it go? Will the IO get my records on my very first US visa application (visa applied in India) from 12 years ago? I unwittingly made a mistake on the visa application. If they get those records too, I just want to be prepared in case it comes up in the interview.

I am not comfortable getting into details. So I'd appreciate if you don't ask.

Also, with all due respect to everyone, please refrain from posting comments such as "what is the point" or something else to that effect, because every person and circumstances are different. Formerf1, I know you did not mean it in a bad way buddy. I just don't want this thread to loose it's focus and become a volley of unrelated comments. Because these questions are very important to me and my citizenship application.
Thanks

Okay I didn't mean to be rude or anything...but gotcha. I sincerely don't think IOs will look that far back into your record. (since you are not wiling to go into details of your visa app. 12 years ago, I can't say for sure). But I think you will be fine.

Good luck!

 

[Bobsmyth]

I unwittingly made a mistake on the visa application. If they get those records too, I just want to be prepared in case it comes up in the interview.

Without getting into specific details, was the mistake big enough to be a material fact that otherwise could have denied your visa? If not, then it shouldn't be an issue.

 

[cpzinga]

FOIA requests are processed by the FOIA department and IOs may not even know about them. Citizenship application processing and FOIA Request processing are handled by different teams (may be offices too) and done differently.

 

[cpzinga]

Keep in mind that your request will take several months to process. Until recently, it took upwards of 2 years for USCIS to process a FOIA request. My request was received in October 2008 and I still haven't received it. As you can see, I'm already done with naturalization. The only reason I requested my A file is to see exactly what's in it. If you're ready to apply for your citizenship, go ahead and apply. Unless you have a checkered past, I highly doubt that viewing your A file will affect the outcome of your application.

To answer your question, your A file covers your entire immigration process, from your first U.S. visa to your naturalization application to everything in between. For example, if you've been a permanent resident for 20 years and applied for a reentry permit 18 years ago, it'll be in your A file.

However, one can expedite the case by showing valid reasons. USCIS processes them in a different track (track 3). Whether you will get an expedite request granted or not, depends on the urgency of your case.

In FY 2008, USCIS has received 80k requests. The lowest No. of days to process a request was 1 day and max. days was 977 days (close to 3 years).

 

[Vorpal]

However, one can expedite the case by showing valid reasons. USCIS processes them in a different track (track 3). Whether you will get an expedite request granted or not, depends on the urgency of your case.

In FY 2008, USCIS has received 80k requests. The lowest No. of days to process a request was 1 day and max. days was 977 days (close to 3 years).

That's right. However, in OP's case, viewing his/her A file prior to the interview just to see what the IO may be dealing with is not a valid reason to have the request expedited. The commonly accepted reason to expedite a FOIA request is an appearance before an immigration judge.

 

[RD2426]

Thanks for the input guys. When I read on the USDOJ website that the bureau's are required to respond to the request within 20 business days, I assumed they will send me the records within 20 days. But I guess they will probably just send a receipt acknowledging the request, within 20 days.

Bobsmyth: I am not sure if the mistake will be considered big or small. Can I send you an email or perhaps call you to discuss the details? I'd greatly appreciate.