Is there any harm in filing FOIA requests with USCIS?

[jp1000 25]

I have had my conditional greencard approved and so don't need to deal with USCIS until the i751.

 

When I entered the US on my K1 I handed the inspection officer my packet and after examining it he asked me a few questions, one of which was asking me to explain the casual drugs use.

 

I've never used drugs and told him as such, there was something scrawled that I glanced I could just barely see 'casual drugs' - all that I can think of is that in the medical I was asked if I used drugs and said no and maybe they wrote that down in bad handwriting.

 

But he also asked me if it had anything to do with being arrested - I've never been arrested and told him that too. Clean police certificate.

 

I didn't press it at the time because I went from thinking he was making a joke, to 'uh #######?', to being relieved he let me in really fast and never gave it much thought.

 

But I'm really curious to see if that's in my USCIS file and to see if I can make any sense of it.

 

I'm also quite curious how much of my initial K1 packet is in my USCIS file, including if they have my spouses divorce cert because they gave me a 221(g) for that but then issued the visa before I could send it to them. But this is just me being nosey.

 

So I'd like to do a FOIA but I'm nervous that it could be some kind of 'red flag' when I come to file i761 or n-400 - does anybody know?

[Redro 4,611]

35 minutes ago, jp1000 said:

I have had my conditional greencard approved and so don't need to deal with USCIS until the i751.

 

When I entered the US on my K1 I handed the inspection officer my packet and after examining it he asked me a few questions, one of which was asking me to explain the casual drugs use.

 

I've never used drugs and told him as such, there was something scrawled that I glanced I could just barely see 'casual drugs' - all that I can think of is that in the medical I was asked if I used drugs and said no and maybe they wrote that down in bad handwriting.

 

But he also asked me if it had anything to do with being arrested - I've never been arrested and told him that too. Clean police certificate.

 

I didn't press it at the time because I went from thinking he was making a joke, to 'uh #######?', to being relieved he let me in really fast and never gave it much thought.

 

But I'm really curious to see if that's in my USCIS file and to see if I can make any sense of it.

 

I'm also quite curious how much of my initial K1 packet is in my USCIS file, including if they have my spouses divorce cert because they gave me a 221(g) for that but then issued the visa before I could send it to them. But this is just me being nosey.

 

So I'd like to do a FOIA but I'm nervous that it could be some kind of 'red flag' when I come to file i761 or n-400 - does anybody know?

No issues with filing FOIA unless you are currently waiting on an immigration benefit. I believe if you request your file then the USCIS center/Field Office waiting on paperwork does not receive everything until you get your CD. 

Some people (especially some lawyers) suggest filing FOIA if you think there is an issue. This way you'll know what USCIS is looking at when you next submit an application/ go to interview. 

 

[jp1000 25]

4 minutes ago, Redro said:

No issues with filing FOIA unless you are currently waiting on an immigration benefit. I believe if you request your file then the USCIS center/Field Office waiting on paperwork does not receive everything until you get your CD. 

Some people (especially some lawyers) suggest filing FOIA if you think there is an issue. This way you'll know what USCIS is looking at when you next submit an application/ go to interview. 

 

What's a CD?

[Redro 4,611]

6 minutes ago, jp1000 said:

What's a CD?

Compact Disc?

I could be incorrect but I believe your files are sent on a CD. They do not print all the papers out and mail it to you they burn the files on a cd. 

"The cost for reproducing a copy of a record in order to respond to a FOIA request. Copies can take the form of paper, audiovisual materials, or electronic..."

Edited May 15, 2023 by Redro

[jp1000 25]

Just now, Redro said:

Compact Disc?

I could be incorrect but I believe your files are sent on a CD. They do not print all the papers out and mail it to you they burn the files on a cd. 

Oh I see thank you. I thought they would have just sent it via email lol.

[Redro 4,611]

10 minutes ago, jp1000 said:

Oh I see thank you. I thought they would have just sent it via email lol.

I believe they still send things via physical mail. 

 

[Mike E 11,739]

35 minutes ago, Redro said:

Compact Disc?

I could be incorrect but I believe your files are sent on a CD.

They do not, IMO. Few computers have CD drives.

 

35 minutes ago, jp1000 said:

Oh I see thank you. I thought they would have just sent it via email lol

They do not, IMO.

 

27 minutes ago, Redro said:

I believe they still send things via physical mail. 

They do not, IMO.

 

IMO, the process is, 

 

* set up USCIS.gov account

* make FOIA requests from that account

* USCIS posts the records as PDFs to the FOIA request online.

[Redro 4,611]

10 minutes ago, Mike E said:

They do not, IMO. Few computers have CD drives.

 

They do not, IMO.

 

They do not, IMO.

 

IMO, the process is, 

 

* set up USCIS.gov account

* make FOIA requests from that account

* USCIS posts the records as PDFs to the FOIA request online.

Good to know~ 

[Verrou 1,962]

2 hours ago, jp1000 said:

Oh I see thank you. I thought they would have just sent it via email lol.

it was CD back in 2021 when friend filed for FOIA request. it might change now

Edited May 15, 2023 by Misscloud

[igoyougoduke 1,653]

just be ready to wait -1-2 years to get the FOIA data 

[Mike E 11,739]

57 minutes ago, igoyougoduke said:

just be ready to wait -1-2 years to get the FOIA data 

I know of a case from this  year where in less than a month after the FOIA request, USCIS produced:

 

* a 1991 N-400

* a 1987 I-485

* a 1980 I-94

 

I was surprised to say the least. 

[Verrou 1,962]

1 hour ago, igoyougoduke said:

just be ready to wait -1-2 years to get the FOIA data 

It was 8 weeks when friend filed for I-94 last year. Seems like it’s quite faster this past few years 

[jp1000 25]

Maybe I'll just wait until after the n-400 is complete before submitting a request to be extra safe in case it does take years.

 

It's not pressingly urgent.

[OldUser 6,608]

4 hours ago, jp1000 said:

Maybe I'll just wait until after the n-400 is complete before submitting a request

What would be the point of that request after filing N-400? The purpose of doing it is to avoid difficulties with N-400, e.g. identify any problems and lawyer up if necessary prior to filing for naturalization. 

[Verrou 1,962]

17 minutes ago, OldUser said:

What would be the point of that request after filing N-400? The purpose of doing it is to avoid difficulties with N-400, e.g. identify any problems and lawyer up if necessary prior to filing for naturalization. 

seems OP just got his GC. since there's no pending case, best way to file FOIA request is right now. 

OP. there's no harm to request for it. it actually should be the opposite, help u in the future when u file i-751

Edited May 15, 2023 by Misscloud