Access to Immigration Records via Subpoena,

[Deputy Purple 1,294]

We're in a situation defending against a Grandparent Visitation Petition and the opposing side has subpoenaed USCIS Chicago & California for Immigration records (we assume for the child in question).

I, the US Citizen Step-parent, am not a direct party to the case but the immigration file is for the child and contains my personal information.

So I'm wondering, are these records something that USCIS is compelled to provide in response to a subpoena? Is there some way I can prevent it?

[sjr09 155]

We're in a situation defending against a Grandparent Visitation Petition and the opposing side has subpoenaed USCIS Chicago & California for Immigration records (we assume for the child in question).

I, the US Citizen Step-parent, am not a direct party to the case but the immigration file is for the child and contains my personal information.

So I'm wondering, are these records something that USCIS is compelled to provide in response to a subpoena? Is there some way I can prevent it?

"are these records something that USCIS is compelled to provide in response to a subpoena? Is there some way I can prevent it? "

Out of curiosity, did you try calling USCIS?

[aaron2020 11,651]

We're in a situation defending against a Grandparent Visitation Petition and the opposing side has subpoenaed USCIS Chicago & California for Immigration records (we assume for the child in question).

I, the US Citizen Step-parent, am not a direct party to the case but the immigration file is for the child and contains my personal information.

So I'm wondering, are these records something that USCIS is compelled to provide in response to a subpoena? Is there some way I can prevent it?

If USCIS is presented with a valid subpoena, USCIS has no choice but to comply unless it can show cause that complying would violate a federal law.

You can fight the subpoena if it's ex parte (done when the other party, your wife, is not in court). The burden would be on the requesting party to show why or how the USCIS records would be relevant to their petition. They can't just go on a fishing expedition and request all your records. The requesting party has to show a valid reason for the order compelling USCIS to release the records to them.

Alternatively, you can file a third party complaint against the subpoena because you are not part of the lawsuit and your personal information would be revealed.

Time to lawyer up if you want to fight the subpoena.

Edited April 24, 2012 by aaron2020

[Alex and Sofya 7]

I don't think that you will be able to do it on your own.

But this is what Rule 45©(3)(A)(ii):

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45©(3)(A)(ii).

[aaron2020 11,651]

I don't think that you will be able to do it on your own.

But this is what Rule 45©(3)(A)(ii):

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45©(3)(A)(ii).

The person withholding subpoena information would be USCIS. UCSIS would need to show a compelling reason like complying with the order would violate federal law. USCIS would need to assert the right to withhold the information. If USCIS decides to release the information, Bob can't do squat about it unless he interject himself into the court proceedings.

Bob cannot reasonably rely on USCIS to protect his information. He needs to get his ####### into court to stop his information from being released.

Edited April 24, 2012 by aaron2020

[aaron2020 11,651]

I don't think that you will be able to do it on your own.

But this is what Rule 45©(3)(A)(ii):

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45©(3)(A)(ii).

The Federal Rules of Civil Procedure (FRCP) is not for consumption by non-lawyers. It is highly complex and heavily litigated. I've seen million dollar lawsuits thrown out of court for "minor" mistakes concerning the FRCP.

[Alex and Sofya 7]

The Federal Rules of Civil Procedure (FRCP) is not for consumption by non-lawyers. It is highly complex and heavily litigated. I've seen million dollar lawsuits thrown out of court for "minor" mistakes concerning the FRCP.

Completly agree

[aaron2020 11,651]

We're in a situation defending against a Grandparent Visitation Petition and the opposing side has subpoenaed USCIS Chicago & California for Immigration records (we assume for the child in question).

I, the US Citizen Step-parent, am not a direct party to the case but the immigration file is for the child and contains my personal information.

So I'm wondering, are these records something that USCIS is compelled to provide in response to a subpoena? Is there some way I can prevent it?

I take it Anna's ex-husband's parents (the child's paternal grandparents) filed the Grandparent Visitation Petition?

Get a lawyer. Get yourself into this case by filing a third party complaint against the subpoena before USCIS comply with the order. Run as fast as you can to get to court, or you risk USCIS complying with the order to release your information.

[Leatherneck 693]

I take it Anna's ex-husband's parents (the child's paternal grandparents) filed the Grandparent Visitation Petition?

Get a lawyer. Get yourself into this case by filing a third party complaint against the subpoena before USCIS comply with the order. Run as fast as you can to get to court, or you risk USCIS complying with the order to release your information.

I agree Aaron, time to lawyer-up to protect your personal information from being eye-fvcked by the grandparents.

It would be a mistake to depend on USCIS to keep your information private.

[Deputy Purple 1,294]

We already have a lawyer, just waiting for him to reply and let us know exactly what they're trying to get.

Honestly, the maternal grandmother is going to end-up being charged with Falsifying Official Documents in The Philippines by the time all of this is over.