FOIA Request for Consulate Interview

[Nyla J 7]

Anyone submitted a FOIA request for their spouse's consulate interview?

My husband's visa was denied this week bc of a possession of marijuana charge. We will request a waiver. After reading a number of AAO decisions for the same basis,  it looks like USCIS obtains the notes from the consular officer when making a decision. 

I want to see my husband's notes so that we know exactly what that officer wrote before we submit the request. I do not want to fight this blind.

Some AAO decisions have hinged on what the officer wrote during an interview versus what an applicant is submitting. 

Has anyone successfully obtained the consulate officer notes from their/ their spouse's interview?

Edited June 9 by Crazy Cat

[Pinkrlion 2,716]

2 hours ago, Nyla J said:

Anyone submitted a FOIA request for their spouse's consulate interview?

My husband's visa was denied this week bc of a possession of marijuana charge. We will request a waiver. After reading a number of AAO decisions for the same basis,  it looks like USCIS obtains the notes from the consular officer when making a decision. 

I want to see my husband's notes so that we know exactly what that officer wrote before we submit the request. I do not want to fight this blind.

Some AAO decisions have hinged on what the officer wrote during an interview versus what an applicant is submitting. 

Has anyone successfully obtained the consulate officer notes from their/ their spouse's interview?

Your husband has been charged and found guilty of possession of marijuana. His sentence was probation and not jail time or jail time served while he was waiting for court date. 
 

This is not a DIY case. You will need an attorney that works 601 waiver and drug charges. It is going to be expensive and about another two years before it is finalized. 
 

I will come back with another post with the attorney that helped my friend. 

[Pinkrlion 2,716]

5 minutes ago, Pinkrlion said:

Your husband has been charged and found guilty of possession of marijuana. His sentence was probation and not jail time or jail time served while he was waiting for court date. 
 

This is not a DIY case. You will need an attorney that works 601 waiver and drug charges. It is going to be expensive and about another two years before it is finalized. 
 

I will come back with another post with the attorney that helped my friend. 

The attorney is Lizz Cannon. You can Google her name. She does free consultations. 

[Boiler 45,466]

10 hours ago, Pinkrlion said:

The attorney is Lizz Cannon. You can Google her name. She does free consultations. 

I would second Lizz and add Laurel Scott.

[jan22 3,052]

On 6/8/2024 at 7:53 AM, Nyla J said:

Anyone submitted a FOIA request for their spouse's consulate interview?

My husband's visa was denied this week bc of a possession of marijuana charge. We will request a waiver. After reading a number of AAO decisions for the same basis,  it looks like USCIS obtains the notes from the consular officer when making a decision. 

I want to see my husband's notes so that we know exactly what that officer wrote before we submit the request. I do not want to fight this blind.

Some AAO decisions have hinged on what the officer wrote during an interview versus what an applicant is submitting. 

Has anyone successfully obtained the consulate officer notes from their/ their spouse's interview?

Under Section 222(f) of the INA, visa records are “inviolable” (confidential) and are protected from disclosure.  Section (b)(3) of the FOIA exempts information from disclosure when it is protected by other federal statutes — which visa records are.  (Scroll down to the “Please note” paragraph in item 7 on the State Dept FOIA site: https://foia.state.gov/Request/Guide.aspx#FreedomofInformationActFOIAFOIAExemptions.)

 

The only response to a visa FOIA request will be a copy of what you submitted and a copy of anything that was provided to the applicant at the interview.  You will not get a copy of the officer’s case notes.  
 

BTW, the exemption from release also would apply if the officer’s notes are based on another agency’s information (e.g., information from law enforcement sources).  That information would be exempt from release by the State Dept even without the confidentiality of the visa record.  They do not “own” the information and cannot determine if it should be released or not — that decision rests with the agency/entity that created the information. 

Edited June 9 by jan22

[Pinkrlion 2,716]

11 minutes ago, jan22 said:

Under Section 222(f) of the INA, visa records are “inviolable” (confidential) and are protected from disclosure.  Section (b)(3) of the FOIA exempts information from disclosure when it is protected by other federal statutes — which visa records are.  (Scroll down to the “Please note” paragraph in item 7 on the State Dept FOIA site: https://foia.state.gov/Request/Guide.aspx#FreedomofInformationActFOIAFOIAExemptions.)

 

The only response to a visa FOIA request will be a copy of what you submitted and a copy of anything that was provided to the applicant at the interview.  You will not get a copy of the officer’s case notes.  
 

BTW, the exemption from release also would apply if the officer’s notes are based on another agency’s information (e.g., information from law enforcement sources).  That information would be exempt from release by the State Dept even without the confidentiality of the visa record.  They do not “own” the information and cannot determine if it should be released or not — that decision rests with the agency/entity that created the information. 

True I would expect it will be heavily redacted 

[apw100 8]

My wife and I are in the same situation. She got caught with a joint twelve years ago during college, paid a fine and has no conviction on her record. Her visa was automatically denied. We hired Lizz Canon, paid the $900+ application fee and submitted the I-601a form in early May 2022. 

When we first checked the processing time estimate it was about 12 months. Then it changed to 24 months, two months ago it increased to 25.5 months and has increased by one month every month since. Now it’s 27 months.

What I recommend is that you forget about the FOIA stuff, hire a lawyer and submit the I-601a application as soon as possible. Every month you wait to file is another month you’ll need to wait for the waiver to be processed and (if current processing times stay the same) it will take at least two years for that to happen.