Got My A-File Via Freedom of Information Act

L

LolaLi

Active Member
Hi All,

Wanted to update everyone that I finally got a copy of my A-File (on CD-ROM nonetheless) after submitting a FOIA request to USCIS. I submitted my request in October 2005 and got my file in March 2007. It does take a while, so be prepared. Ironically, I was placed in the fast track! :rolleyes:

It wasn't as large as I expected. There are a total of 199 pages of which about 32 have been blanked out (either partially or completely) due to sensitive information. I filed the request out of curiosity, and am glad I did. I now know for certain they have my original birth certificate and will submit a form to get it returned. Also, I was able to verify that I underwent a name check during my I-485 adjustment and how long it took. Plus, once I become a citizen, I can shred all the paper documents I have and save the CD which has everything.

Regards -
 
LoLaLi:

Thank you for the update. You are a great asset to this forum. Also thank you for addressing my another question. I think you should not consider to shred your tons of papers related to your CZ journey because you did notice there are "black out" in their mirror sites at CIS.. So CD is not complete.

This FOIPA is a huge work if they scan every page... how much did you pay ?
 
About the FOIA

LolaLi said:
Hi All,

Wanted to update everyone that I finally got a copy of my A-File (on CD-ROM nonetheless) after submitting a FOIA request to USCIS. I submitted my request in October 2005 and got my file in March 2007. It does take a while, so be prepared. Ironically, I was placed in the fast track! :rolleyes:

It wasn't as large as I expected. There are a total of 199 pages of which about 32 have been blanked out (either partially or completely) due to sensitive information. I filed the request out of curiosity, and am glad I did. I now know for certain they have my original birth certificate and will submit a form to get it returned. Also, I was able to verify that I underwent a name check during my I-485 adjustment and how long it took. Plus, once I become a citizen, I can shred all the paper documents I have and save the CD which has everything.

Regards -
Click to expand...
I have read somewhere else that if you get FOIA, USCIS may retaliate on you in one way or another. Is that true?

I know it is legal to get personal or public information through FOIA, but some suggest that they don't it. It is like envoking 5th amendment rights againt self-incrimination when one is asked to testify. Even though it is legal to invoke it, people interpret it as though the person invoking it is hiding something or committed a crime. The same thing applies to FOIA as said by others in other places;
 
GrassRoot said:
LoLaLi:

Thank you for the update. You are a great asset to this forum. Also thank you for addressing my another question. I think you should not consider to shred your tons of papers related to your CZ journey because you did notice there are "black out" in their mirror sites at CIS.. So CD is not complete.

This FOIPA is a huge work if they scan every page... how much did you pay ?
Click to expand...

You are most welcome GrassRoot. Actually, I didn't pay a penny. I believe it is a free service for up to a number of hours of CIS labor, then you pay between $25 - 50. In either case, it shouldn't be expensive.
 
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faysal said:
I have read somewhere else that if you get FOIA, USCIS may retaliate on you in one way or another. Is that true?

I know it is legal to get personal or public information through FOIA, but some suggest that they don't it. It is like envoking 5th amendment rights againt self-incrimination when one is asked to testify. Even though it is legal to invoke it, people interpret it as though the person invoking it is hiding something or committed a crime. The same thing applies to FOIA as said by others in other places;
Click to expand...

I am not sure I understand Faysal. Why would CIS retaliate? Especially if I filed FOIA for my A-File when I didn't have any case pending... If one wants to see one's records - it does not harm any party. How would I be hiding something if I request a copy of my files? What could I possibly be hiding? In my case, I wanted to see if they had my birth certificate, and I was correct - they do have it.
 
LolaLi said:
I am not sure I understand Faysal. Why would CIS retaliate? Especially if I filed FOIA for my A-File when I didn't have any case pending... If one wants to see one's records - it does not harm any party. How would I be hiding something if I request a copy of my files? What could I possibly be hiding? In my case, I wanted to see if they had my birth certificate, and I was correct - they do have it.
Click to expand...

Lolali: True it is hard to understand, but I have read some where else about this. Also, as you said it takes some time and money.

If you wanted to know if they had your birth certificate, there are other easy ways to get it. There are forms you could file and get a copy or the original of the your birth certificate.

How can they retaliate? Many ways; for example, when you apply for citizenship they put off your application forever.

Why don't they like that act. The act is contravertial, and the media uses it frequently, and the government don't like the media and its inquiries.....Any away I was trying to know about it...and what I say here do not any back up law or any other source of Info,.....I just remember reading some thing to do with that the government does not like the thing...
 
LolaLi said:
Hi All,

Wanted to update everyone that I finally got a copy of my A-File (on CD-ROM nonetheless) after submitting a FOIA request to USCIS. I submitted my request in October 2005 and got my file in March 2007. It does take a while, so be prepared. Ironically, I was placed in the fast track! :rolleyes:

It wasn't as large as I expected. There are a total of 199 pages of which about 32 have been blanked out (either partially or completely) due to sensitive information. I filed the request out of curiosity, and am glad I did. I now know for certain they have my original birth certificate and will submit a form to get it returned. Also, I was able to verify that I underwent a name check during my I-485 adjustment and how long it took. Plus, once I become a citizen, I can shred all the paper documents I have and save the CD which has everything.

Regards -
Click to expand...
Hi LolaLi, I think it is a great experience of exercising your rights and also interesting to know what they have on you. LolaLi, would you share the procedure for requesting the A-file from USCIS please. Thank You.
 
LolaLi said:
In my case, I wanted to see if they had my birth certificate, and I was correct - they do have it.
Click to expand...

What do you mean by that? Did you not submit your birth certificate yourself? If not, did USCIS get your birth certificate from your native country? Which one?
 
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navauser said:
What do you mean by that? Did you not submit your birth certificate yourself? If not, did USCIS get your birth certificate from your native country? Which one?
Click to expand...

I do not think USCIS can get one's birth certificate from one's native country. At least not without written consent.

In my case, my birth certificate was given to my lawyer at the time of filing my asylum case. The lawyer gave it to USCIS (formerly INS), and when I asked for it back - he was unsure as to its location. My country is war-torn and there is no way of getting a new certificate. Long story short, I am planning of asking for it back once I get my citizenship. I know they archive files by destroying paper copies and creating digital versions. I don't want them to destroy my birth certificate. Make sense?
 
opinion said:
Thank you LolaLi,
another questions for you:
1) Do I have to explain reason for A-file request?
2) How do I calculate how much time left for elegibility for Ctznshp? (is that 5 years from "Resident Since" or 3.5 years from my approval?)
Click to expand...

1. You do not have to give a reason. Just specify that the information you would like (i.e. A-file for number AXXXXX)

2. You calculate your citizenship eligibility date as follows: 'Resident since' date on GC + 5 years - 90 days.

So for example: You got your GC on Jan. 10 2005. Your GC should have been backdated so that the 'resident since' date reads Jan. 10 2004.

Jan. 10 2004 + 5 years (Jan. 10 2009) - 90 days = Oct. 15 2008

*The person would be eligible to file N-400 on or after Oct. 15 2008.

Hope that helps.
 
Thanks LolaLi.

LolaLi said:
I do not think USCIS can get one's birth certificate from one's native country. At least not without written consent.
Click to expand...

That is what I was wondering as even if USCIS wanted to get it from the native country, it would be a monumental task considering the fact it is quite tough even for the native of most countries to get it themselves :)

LolaLi said:
In my case, my birth certificate was given to my lawyer at the time of filing my asylum case. The lawyer gave it to USCIS (formerly INS), and when I
Click to expand...

Strange that the lawyer would submit the original knowing the fact how difficult it could be to get anything back from USCIS especially when they ask not to submit originals unless they ask it specifically. Good luck with your quest to get it back.
 
LolaLi said:
1. You do not have to give a reason. Just specify that the information you would like (i.e. A-file for number AXXXXX)

2. You calculate your citizenship eligibility date as follows: 'Resident since' date on GC + 5 years - 90 days.

So for example: You got your GC on Jan. 10 2005. Your GC should have been backdated so that the 'resident since' date reads Jan. 10 2004.

Jan. 10 2004 + 5 years (Jan. 10 2009) - 90 days = Oct. 15 2008

*The person would be eligible to file N-400 on or after Oct. 15 2008.

Hope that helps.
Click to expand...
THANK YOU LolaLi!
 
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