FOIA request

nemessis

Registered Users (C)
I tried to stay away from this WEB site just to get rid of the compulsion of checking it every hour, but I found some info regarding FOIA that might be of interest for many.

If you have a case pending that you know will be touched/approved soon don't open a FOIA request, this will delay your application and will take it out from the normal processing time. This is for applic at VSC and local centers also. I spoke with somebody from FOIA division in the morning and they told me that because I initiated a FOIA request for my wife, her applic will be delayed because they have to request the file to be transferred to the National Benefit Center, after that there will be a check for all the information they have about her, they have to compile a report to send it to me and after that they will transfer the file back ... and this can take months. So take care with such requests ...
nemessis

PS: To avoid confusion, I am talking about a regular FOIA where you can request info about your application, where is it, what has been done etc ... all the info DHS has about you ... the e-mail request to the FBI about name check is a different story, that goes to FBI not DHS, and the FBI doesn't ask for your file to be transferred to them, DHS does
 
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dianaghuang

Registered Users (C)
confused

nemessis:

I am a little consufed. do you mean file a FOIPA request will possibly delay a pending application? I was just about to send FOIPA to check my information in FBI's database, now I'm confused.

Any difference between FOIPA and FOIA?
 

nemessis

Registered Users (C)
OK, sorry, let me explain again.

The FOIA thing with the FBI, you're asking the FBI, based on FOIA to send you the status of the name check. The name check is usually done by the FBI at USCIS request. When they do this, no file is transferred anywhere, everything remains at USCIS, the FBI just runs your name in their computers and return the result to USCIS. But if there is any hit for your name in their database ... bad luck, the application will be delayed a little bit to make sure that you're not a risk for this country.

If your application is pending for an unreasonable amount of time and you don't know what's going on, you can send a FOIA request to DHS/USCIS. The way the DHS handle this request is to ask for your file to be transferred to the National Benefit Center, where they will do a complete search through your records and prepare a report for you (both paper and CD format), and after that they will send the file back to where it was initially. All this process will cause more delays since your application is taken out of the processing line.

Fortunately I found out in time so I stopped the FOIA request before the file was transferred. They were prepared to do it in a few days.

Hope that helps,
nemessis

dianaghuang said:
nemessis:

I am a little consufed. do you mean file a FOIPA request will possibly delay a pending application? I was just about to send FOIPA to check my information in FBI's database, now I'm confused.

Any difference between FOIPA and FOIA?
 

dogbert99

Registered Users (C)
Hi Nemessis,

I am planning to file a FOIPA with FBI...do you think that after getting an update from them..using that update to push them to send results back to INS itself might make any difference?

tks
 

nemessis

Registered Users (C)
I don't see how you can push them ... I doubt that Mr. Hardy is the one who does the name check, he just report that back to you if you send the request. There are tens of thousands of name checks to be done, I guess that many ppl from the FBI are involved in the process. but if your name check doesn't have any hints, the procss is very fast ussualy ...
nemessis

dogbert99 said:
Hi Nemessis,

I am planning to file a FOIPA with FBI...do you think that after getting an update from them..using that update to push them to send results back to INS itself might make any difference?

tks
 

every1willgetgc

Registered Users (C)
Hi Nemessis,
I am getting little concerned here now..I will greatly appreciate ur response..

2 weeks back I sent FOIA to VSC...
I got letter dated May 2 with control nuber and task as a simple task.
At the same time I am hoping some activity on my 485 in very near future.(Funny are VSC ways..If I am lucky I will hear in couple of weeks,if not so then 2 to 3 months)..


Is there a way to recalll my FOIA applocation?If so is it advisable to wait for couple of weeks to see how my 485 is progressing and then recall my FOIA application?Do u have any guess whether FOIA center usually ask for my file in next couple of weeks from VSC?

Is there any harm to my 485 case if I call FOIA center and dig more on to this???

Thanks In Advance.
-
 

raaj97

Registered Users (C)
nemessis....please reply

every1willgetgc said:
Hi Nemessis,
I am getting little concerned here now..I will greatly appreciate ur response..

2 weeks back I sent FOIA to VSC...
I got letter dated May 2 with control nuber and task as a simple task.
At the same time I am hoping some activity on my 485 in very near future.(Funny are VSC ways..If I am lucky I will hear in couple of weeks,if not so then 2 to 3 months)..


Is there a way to recalll my FOIA applocation?If so is it advisable to wait for couple of weeks to see how my 485 is progressing and then recall my FOIA application?Do u have any guess whether FOIA center usually ask for my file in next couple of weeks from VSC?

Is there any harm to my 485 case if I call FOIA center and dig more on to this???

Thanks In Advance.
-
I am also in the same boat like every1willgetgc. I too sent FOIA couple of weeks back and I am little worried now after reading your posting. My case is nearing to the adjudication. Please advise us as what to do now?
Thnx,
Raaj
 

nemessis

Registered Users (C)
Sorry guys, I didn't check the WEB site until now. here we go:

They will send you a notice with a FOIA number and a phone number also. You have to call that number and request that the case # they assigend to your FOIA request to be stopped. But until you don't receive that letter you cannot do much because you don't know the FOIA case #. Anyway after they assigned the FOIA # it takes several weeks for them to transfer the file so you have enough time to cancel it.

Hope that helps, good luck,
nemessis


raaj97 said:
I am also in the same boat like every1willgetgc. I too sent FOIA couple of weeks back and I am little worried now after reading your posting. My case is nearing to the adjudication. Please advise us as what to do now?
Thnx,
Raaj
 

every1willgetgc

Registered Users (C)
Thanks Nemessis for Qucik Reply,

I guess I will wait for couple of weeks to see progress on my 485.If that doesn't work out I will call FOIA office with the control number and stop my FOIA request..

This is a big help,Nemessis.

Thanks
 

ritu_sanjay

Registered Users (C)
Experience with FOIA

I spoke with the FOIA people this morning (Tel: 816-350-5570) & they confirmed that one's file is scanned & electronically sent for FOIA processing & the physical file is not transferred. You need the control number assigned to you to get more information about your request.
 

reachsky

Registered Users (C)
ritu_sanjay said:
I spoke with the FOIA people this morning (Tel: 816-350-5570) & they confirmed that one's file is scanned & electronically sent for FOIA processing & the physical file is not transferred. You need the control number assigned to you to get more information about your request.
Sanjay,

Is the FOIA people you spoke with from USCIS or from FBI?
Thanks.
Reachsky
 

PendingGC1

Registered Users (C)
I think nemessis missleading every one.

Physical file will not be trasfered to FOIA location. FOIA office will get electronic file from Service center.

Even I called FOIA office, they confirmed that FOIA will not cause any delay to the current process.
 

nemessis

Registered Users (C)
hmmm ...why would I do that? It might be that at VSC they just scan your file and send the info to the FOIA division. My wife's applic is in Philly and they were prepared to send her physical file, not the scanned one, to Lee's Summit. At least is what they told me, both the customer service representative and the FOIA officer ... "her physical file will be sent from Philly to Lee's Summit ... after they complete the reviewing they will send the file back ..." but as I said, VSC might work differently ... anyway better keep my mouth shut ...

PS: If " ... even you called FOIA ..." that means it should be true, absolutely, no question about that. When I called the FOIA office, you won't believe it, they told me that there will be a delay because of the FOIA process

PendingGC1 said:
I think nemessis missleading every one.

Physical file will not be trasfered to FOIA location. FOIA office will get electronic file from Service center.

Even I called FOIA office, they confirmed that FOIA will not cause any delay to the current process.
 
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