Resources for Vietnamese Immigrants With Deportation Orders in Orange County, CA

Published March 17, 2025

Guide: Filing a FOIA Request for your Immigration Records

Strongly recommended: Read instructions on how to submit a FOIA request at the Department of Homeland Security (DHS) using this resource guide by the Immigrant Legal Resource Center.

Frequently Asked Questions

Who can file a FOIA request?
Anyone can file a Freedom of Information Act (FOIA) request to obtain records from a federal government agency, either for themselves or on behalf of someone else.

Can I request someone else’s records?
Yes, but you generally need their consent. Without consent, the information released will be limited due to privacy laws.

How do I provide consent for someone else’s FOIA request?
Consent can be provided by submitting a signed authorization form, such as a G-28 Entry of Appearance, or through an online consent process.

What information do I need to provide for a FOIA request?
If requesting your own records, you must verify your identity by providing your full name, address, date of birth, and country of citizenship or residence.

Can I request records for a child or a deceased person?
Yes. A parent or guardian requesting a child’s records must provide proof of their relationship. For a deceased individual, proof of death is required.

What happens if I don’t provide all the requested identity details?
The Department of Homeland Security (DHS) may still process the request, but missing information could lead to delays or challenges.

What if I don’t want to disclose my country of birth?
You may submit your request without it, but this could lead to challenges. Some people list their country of birth with a qualification, such as “allegedly (country name).”

Is there a fee to file a FOIA request?
No, filing a FOIA request is free, and you can submit it yourself at no cost.

Step-by-Step Summary of the FOIA Process for A-Files and Immigration Records

Strongly recommended: read instructions on how to submit a FOIA request at the Department of Homeland Security (DHS) using this resource guide by the Immigrant Legal Resource Center.

1. Determine Where to File Your FOIA Request

Different Department of Homeland Security (DHS) agencies handle different types of immigration records. Depending on what you need, you may need to submit your request to one or more of the following agencies:

U.S. Citizenship and Immigration Services (USCIS)

  • Immigration Records: A-Files (immigration records), agency policies, and data
  • Online Filing: Submit through FIRST
  • Mail Filing Address:
    National Records Center, FOIA/PA Office
    PO Box 648010
    Lee’s Summit, MO 64064-8010

U.S. Immigration and Customs Enforcement (ICE)

  • Records Available:
    • Detention records
    • I-213 forms (Record of Deportable Alien)
    • Bond information
  • Online Filing: Submit through Secure Release
  • Mail Filing Address:
    US ICE, FOIA Office
    500 12th St. SW, Stop 5004
    Washington, D.C. 20536-5004

U.S. Customs and Border Protection (CBP)

  • Records Available:
    • Entry/exit records
    • Apprehension/detention records
    • I-94 travel history
    • Voluntary departure documents
  • Online Filing: Submit through Secure Release
  • Mail Filing Address:
    FOIA Officer, USCBP
    FOIA Division, 90 K St. NW
    Washington, D.C. 20229

Office of Biometric Identity Management (OBIM)

  • Records Available: Fingerprint records and biometric data
  • Online Filing: Submit through Secure Release
  • Mail Filing Address:
    Privacy Office, DHS
    Mail Stop 0655
    2707 Martin Luther King Jr. Ave. SE
    Washington, D.C. 20538-0655

2. Choose How to Submit Your FOIA Request

You can file a FOIA request online (recommended) or by mail, depending on the agency.

Online Filing (Fastest Method)

  • USCIS: Submit through FIRST, USCIS’s online FOIA system
  • ICE, CBP, OBIM: Use Secure Release, their online FOIA platform.

Mail Filing (Slower Processing Time)

  • See the addresses in the chart above for each agency.
  • See page 3 for a letter template.

    3. Gather Required Information

    For any FOIA request, you will need:

    • Full name
    • Address
    • Date of birth
    • Country of citizenship
    • Alien Registration Number (if available)

    If requesting for someone else:

    • Signed consent from the person whose records are requested.
    • For attorneys/representatives: Form G-28 (Entry of Appearance) and Form G-639 (FOIA request form).

    4. Submitting a USCIS FOIA Request for an A-File

    Online (FIRST):

    • If filing for yourself:
    • If filing as a representative or attorney for someone else:
      • Set up your own MyUSCIS account at https://myaccount.uscis.gov
      • Enter your information in FIRST as a third-party requestor.
      • The person you are filing for needs to verify consent, either via:
        • Text or by email OR
        • You can upload Form G-28 and Form G-639 to the FIRST platform, and this will suffice for consent.
      • Strongly recommended: Read further instructions on how to submit for someone else using this resource guide by the Immigrant Legal Resource Center, starting on page 7-10.

    By Mail:

    • Complete Form G-639 or submit a written request.
    • Clearly state “Requesting Entire A-File” in your request.
    • Mail it to the USCIS National Records Center.

    5. Requesting Other Immigration Records

    ICE Records

    • How to Submit:
      • Submit online via Secure Release
      • Alternatively, send your request by mail

    CBP Records

    • How to Submit:
      • Use Secure Release or mail your request
      • If requesting travel records, check “I-94 Entry/Exit Records” in your request

    OBIM Biometric Records

    • How to Submit:
      • Use Secure Release or mail your request
      • If required, include a fingerprint card with your request

    6. What Happens After Submission? Wait for a Response

    • Online requests receive faster processing times.
    • Mailed requests take longer due to scanning and processing.
    • Once processed, the agency will provide records or explain any limitations.

    7. FOIA Appeals

    • If your request is denied or incomplete, you can appeal within 90 business days.
    • Appeals must be labeled “FOIA Appeal” and sent to the appeals office of the agency that denied the request.
    • If the appeal is unsuccessful, you may challenge the decision in federal district court.

    For more details, visit the DHS FOIA website.

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