Immigration File / Record Check

Freedom of Information Act (FOIA) is the law that gives any person access, with certain exemptions, to information about the functions, procedures, policies, decisions, and operations of federal agencies.

USCIS uses a 3-track system to process FOIA requests.

1. Track 1 is for less complex cases in which a requester needs only one or only a few specific documents from the file.
2. Track 2 is for more complex cases. Examples of a complex case include requesting a complete copy of a file, requests from the news media, or special interest groups. If we receive a request for specific documents which implies most of the file (for instance, “the asylum application and all supporting documents,”) we will assign the request to the complex track.
3. Track 3 is an accelerated track for cases involving individuals who are to appear before an immigration judge. In order to receive Track 3 priority processing, you must include one of the following documents with the FOIA request:
   • Form I-862, Notice to Appear, documenting a future scheduled date of the subject’s hearing before the immigration judge;
   • Form I-122, Order to Show Cause, documenting a future scheduled date of the subject’s hearing before the immigration judge;
   • Form I-863, Notice of Referral to Immigration Judge; or
   • A written notice of continuation of a future scheduled hearing before the immigration judge.