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EL PASO IMMIGRATION RECORDS (FOIA) ATTORNEY

Immigration FOIA Requests in El Paso: Know What Is in Your File Before You Apply

We request your records from USCIS, CBP, ICE or the immigration courts, then review every page with you so your next application is built on facts, not guesses.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

Before filing for a green card, citizenship, a waiver or a visa through Ciudad Juárez, you need to know exactly what the government already has on you. In a border city like El Paso, that history is often complicated: an entry with a border crossing card decades ago, a voluntary return at the bridge as a teenager, an old application a notario filed that you never saw, or a court hearing a parent attended on your behalf. A Freedom of Information Act request pulls your complete file, called the A-file, and related records so that every answer on your next form is consistent with what the officer will see on their screen.

FOIA requests are made under 5 U.S.C. § 552, and requests for your own records are also processed under the Privacy Act. Each agency holds different pieces: USCIS keeps the A-file with every petition, application and decision, requested through its online FIRST system or on Form G-639; U.S. Customs and Border Protection holds entry and exit records, I-94 history, and records of expedited removals and voluntary returns at ports of entry; U.S. Immigration and Customs Enforcement holds detention and enforcement records; and the Executive Office for Immigration Review (EOIR) holds immigration court files, including any removal order. A complete picture often requires requests to two or three agencies at once.

A FOIA request is purely administrative: no court, no interview, no appearance of any kind. You sign a verification of identity and we submit the request electronically; the records arrive by download or on a disc. The value of doing this with a lawyer is in the review. Files often run hundreds of pages, are partly redacted, and contain codes and abbreviations that mean nothing to most people but everything to an immigration officer. We read the file, flag anything that creates a bar, a waiver requirement or a disclosure obligation, and tell you which path forward is safe. For many El Paso clients, the FOIA result is what turns a risky plan into a solid one.

Which agency to ask, and what you get back

From USCIS you receive the A-file: prior applications, approvals, denials, interview notes, sworn statements and copies of documents you or a family member submitted. From CBP you receive entry and exit data, I-94 records, and any record of being turned away, given a voluntary return or expedited removal at the El Paso or other ports of entry. From EOIR you receive the record of proceedings, including the notice to appear, hearing recordings and orders. ICE records cover arrests, detention and prior removals. We choose the agencies based on your history and file the requests in parallel.

Who should request their file before applying

We recommend a FOIA request for anyone who has ever been stopped at the border or by Border Patrol, was brought to the U.S. as a child and does not know how, had a previous application filed by someone else, is unsure whether a court ever ordered them removed, is preparing an I-601A waiver or a Juárez consular case, or is applying for naturalization with a long history of trips to Mexico. Green card holders with an old arrest should also request their file before filing an N-400. The cost of the request is small compared with the cost of an application built on a wrong assumption.

What's included

  • Consultation to determine which agencies (USCIS, CBP, ICE, EOIR) hold records relevant to your goal
  • Preparation and electronic submission of each FOIA or Privacy Act request with the required identity verification
  • Request for expedited processing when you have a pending case or deadline that qualifies
  • Tracking of each request and follow-up on delayed responses
  • Attorney review of the complete file with a written summary of what it contains
  • A follow-up meeting in El Paso to explain how the records affect your immigration options

How it works

01

Consultation and identity verification

We discuss what you remember about your immigration history and what you are trying to accomplish, decide which agencies to ask, and have you sign the identity verification each agency requires. The flat fee is quoted here.

02

We file and track the requests

We submit the requests through USCIS FIRST, the CBP FOIA portal and EOIR or ICE as needed, request expedited handling if you qualify, and monitor each one until the records are released.

03

Attorney review and next steps

We read the full file, summarize it in plain language, and meet with you to explain what it means for a green card, waiver, citizenship or consular case. You leave knowing exactly which path is safe.

Official resources

Frequently asked questions

Common questions about immigration foia records request in El Paso

How long does an immigration FOIA request take?

It depends on the agency and the size of the file. USCIS often responds within one to three months for simple requests and longer for large A-files; CBP and EOIR can take several months, and backlogs change throughout the year. Expedited processing is available when a person has a scheduled hearing or a filing deadline that qualifies. We check the status regularly and follow up with the agency when a request goes past its estimated date.

Does requesting my file alert immigration or put me at risk?

A FOIA request is a records request, not an application for a benefit, and it does not by itself start any enforcement action. It asks the agency to release copies of what it already has. Requests are handled by FOIA offices, not by enforcement officers. For clients in El Paso with no status, we still discuss the risks and benefits candidly, but in our experience knowing what is in your file is far safer than filing an application blind.

Do I have to go to court or an office for a FOIA request?

No. The entire process is done in writing. You sign an identity verification at our El Paso office or electronically, we submit the request online, and the agency sends the records by secure download or mail. There is no court, no interview and no appointment with any agency. The only meetings are with us: one to start the request and one to go through the results.

How much does an immigration FOIA request cost?

The agencies generally do not charge for a person's own immigration records within standard limits, so the cost is our flat fee, which covers preparing and filing the requests to every relevant agency, tracking them, and the attorney review and meeting afterward. If a FOIA request is part of a larger case with us, such as a waiver or naturalization, we tell you up front whether it is included in that fee.

Can I request records for a family member or a deceased parent?

Yes, with the right authorization. A living relative must sign a consent form allowing release of their records to you. For a deceased parent or grandparent, a death certificate and proof of relationship are usually enough, and those files are often important for derivative citizenship claims or for proving a lawful entry decades ago. Many El Paso families discover through a parent's A-file that a child was a citizen all along.

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