FOIA request

[Roger68]

I want to file a FOIA request for my whole alien file. Will this trigger any kind of revision to my case? I have been gc for almost 5 years. The reason is my employer laid me off right after gc and my attorney wants the foia file because I do not remember well all the dates

Should I wait until after 5 years? My attorney said that USCIS almost never is interested in going after immigrants after 5 years because they have to have burden of proof. And as my employer laid me off right after I do not want to bring any attention to it, but I still need the docs.

 

[-me-]

It's a safe procedure.
Speaking of 5 years. USCIS may rescind the permanent resident status within 5 years, if they find out they made a mistake in adjudicating the file. However, if you wilfully misrepresented the facts on your application in order to gain immigration benefits, this 5 year limit does not apply.

 

[Roger68]

thanks -me- there was not misrepresentation.

I honestly do not even want to apply for citizenship, I would rather just live on gc status because I was laid off right away after gc, but my attorney still would like me to have the file.

Any idea how long does it take? Do they send you all docs they have on file for you?

 

[-me-]

thanks -me- there was not misrepresentation.

I honestly do not even want to apply for citizenship, I would rather just live on gc status because I was laid off right away after gc, but my attorney still would like me to have the file.

if you were laid off, generally there shouldn't be any issues with USCIS. However, I would strongly recommend to follow your lawyer advice.

Any idea how long does it take? Do they send you all docs they have on file for you?

http://www.uscis.gov/portal/site/us...nnel=f3a2ba87c7a29110VgnVCM1000004718190aRCRD

 

[Roger68]

epathey 1857.584331]if you were laid off, generally there shouldn't be any issues with USCIS. However, I would strongly recommend to follow your lawyer advice.


http://www.uscis.gov/portal/site/us...nnel=f3a2ba87c7a29110VgnVCM1000004718190aRCRD[/QUOTE]

I have gone to several lawyers they all said something different. 3 of them said it might be a prohlem.

They want 2k to open the case.

Some other lawyer advised to wait until 8 years aftervgc so sponsor does not show in form and if io asks just answer specifically that i did work with sponsor albeit shortly.
And this lawyer wants foia my file first.

 

[-me-]

I have gone to several lawyers they all said something different. 3 of them said it might be a prohlem.

I am sure you had told them more than what you shared here. That's why the answers differ. However, if you didn't break your intent to work for the sponsor after you had been granted PR status, you generally should be ok. Again, if you share more details, my answer may change as well.

Some other lawyer advised to wait until 8 years aftervgc so sponsor does not show in form and if io asks just answer specifically that i did work with sponsor albeit shortly.
And this lawyer wants foia my file first.

You gotta share the details....

 

[Roger68]

-me- thanks for your answer. All the details I gave my attorneys are in my first post. It is all my info that i have...

Thanks for your help. I cannot copy and paste the post because i am postibg from work... I think I have now to proceed with the foia.

 

[Roger68]

Can the foia be sent to a po box? I will be moving for work and was just wondering in case we dont like the condo we are renting, might be a temp. Address.

 

[Jackolantern]

I honestly do not even want to apply for citizenship, I would rather just live on gc status because I was laid off right away after gc,

If you don't want to become a US citizen, don't apply for citizenship just because your lawyer says so.

...but my attorney still would like me to have the file.

Because your attorney would make money if you file through him or her, or if you appeal a denial of the application.

 

[StonedAnt]

Could there be any possible negative impact for the OP on requesting the contents of the A file from USCIS?


Regards, SA.

 

[cafeconleche]

I don't think so.