When a petition is denied, or a case has a long history, the most useful document is often your own USCIS file. The Freedom of Information Act and the Privacy Act let you ask for it. USCIS says you can request "your own immigration records," "someone else's immigration records, if you have their written permission," and "agency policies, data, communications, and other records" (USCIS, Request Records through FOIA or the Privacy Act).
As of October 26, 2026, the process has moved fully online. This guide explains how to request records, how long it takes, and how to use them before refiling.
- Since January 22, 2026, USCIS says FOIA and Privacy Act requests should be submitted online at first.uscis.gov.
- You can request your own records, someone else's with written permission, and agency policy records.
- Requests for specific documents are processed faster than requests for an entire A-File.
- Each person needs a separate request, even family members.
- By statute, agencies must decide within 20 working days, extendable by up to 10 working days in unusual circumstances.
- Exempt material can be withheld, but reasonably segregable portions must be released with the deletions marked.
Why request your file before refiling?
Because the record shows what the officer actually had. For a denied EB-1A, EB-2 NIW or O-1, the file can confirm which exhibits were received, whether pages were missing, what notices were issued and to which address, and how earlier filings described your work. That helps avoid repeating a gap, and it helps keep a new filing consistent with old ones. Our guide to refiling an EB-1A after denial explains the choices that follow.
Consistency matters more than people expect, especially when a new petition describes the same achievements years later in different words. Statements made in earlier visa applications and petitions are part of your record, and contradictions can raise credibility questions. Our guide to misrepresentation consequences explains the risk.
How do you make a request?
Online. USCIS's notice reads: "Effective January 22, 2026, all Freedom of Information Act (FOIA)/Privacy requests for USCIS records should be submitted online. To ensure timely processing, you must make your FOIA request online at first.uscis.gov after creating a USCIS account" (USCIS).
USCIS lays out five steps (same):
- Read the guidance to make sure you are asking the right agency.
- Check whether the records are already in the USCIS Electronic Reading Room.
- "Try to request only the specific documents you need."
- Submit the request online.
- Check status online; USCIS emails you when files are ready to download.
"If you are requesting immigration records for multiple people, even if they are related, you must submit a separate request for each person's record," and USCIS "will reject single requests that cover multiple people" (same).
What should you ask for?
Be specific, because USCIS says it "can respond to requests for specific documents faster than for large set of records, such as entire A-Files" (USCIS). For a denied employment petition, a focused request might cover:
- The petition as filed, with all exhibits, so you can confirm what was received.
- Any request for evidence or notice of intent to deny, and your response as received.
- The decision notice and any notices about appointments or address changes.
- Earlier petitions filed for you, such as an O-1 or H-1B, if you want to check consistency.
- For an adjustment case, the I-485 and interview-related documents.
USCIS also asks requesters to explain what kind of record they want, including "information from your own immigration record" or "an amendment or correction of a record under the Privacy Act" (same). If you find an error in your file, the Privacy Act correction route is the place to start.
Which agency holds which records?
Not everything is at USCIS. Its FOIA page directs requesters elsewhere for some records (USCIS):
| Records | Where to ask |
|---|---|
| Your A-File, petitions and applications filed with USCIS | USCIS |
| Entry and exit records, inspections, Form I-94 records | US Customs and Border Protection |
| Visa applications and passport applications | US Department of State |
| SEVIS records for F-1, J-1 and M-1 status | US Immigration and Customs Enforcement |
| Records more than 100 years old | USCIS Genealogy Program |
For a denied visa interview, for example, the consular records sit with the State Department, not USCIS. And for questions about your travel history, such as the dates of past entries, CBP's I-94 records are usually the better source. Asking the wrong agency only adds weeks, so match each question to the agency that created the record.
How long does it take?
The statute sets the decision clock. An agency must "determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply" (5 U.S.C. 552(a)(6)(A)(i)). In "unusual circumstances," the agency may extend by written notice, but generally not "for more than ten working days" (5 U.S.C. 552(a)(6)(B)(i)). Producing a large file can take longer than the decision itself.
USCIS's own guidance on speed is practical: specific documents are processed faster than "large set of records, such as entire A-Files," and A-File requests are prioritized for people with an upcoming immigration court hearing who attach a Notice to Appear or similar notice (USCIS). The statute also provides for expedited processing "in cases in which the person requesting the records demonstrates a compelling need" (5 U.S.C. 552(a)(6)(E)).
What might be withheld?
Some internal material. FOIA exempts "inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency" (5 U.S.C. 552(b)(5)), along with other categories such as certain law enforcement records. But "any reasonably segregable portion of a record shall be provided," and "the amount of information deleted, and the exemption under which the deletion is made, shall be indicated on the released portion of the record" (5 U.S.C. 552(b)).
If you disagree with a response, USCIS says you may file an administrative appeal using the instructions in the final determination letter, and you can seek mediation through the Office of Government Information Services (USCIS).
How does the file help with an appeal or motion?
Timing is the catch. Appeals and motions have short deadlines, and a full FOIA response may not arrive before they run. If you are weighing an appeal, ask for the specific documents you need first and do not let the FOIA wait push you past a filing deadline. Our analysis of why EB-1A appeals fail shows how often the outcome turns on what was already in the record, which is exactly what the file lets you check.
What this means for you
- Create a USCIS online account and submit the request at first.uscis.gov, keeping the FOIA control number from your receipt.
- Ask for specific documents, such as the petition as filed, the RFE, your response and the decision, rather than everything.
- File a separate request for each family member, with their written permission if they are adults.
- Send requests for entry records to CBP and visa records to the State Department.
- Read the response before refiling, so the new petition fixes real gaps and stays consistent with your record.
- Do not let a pending FOIA request push you past an appeal or motion deadline.
Where to start
If you are preparing to refile, our free evaluation at /evaluate/ maps your record against the EB-1A, EB-2 NIW and O-1 standards, and Frank, our AI assistant at /frank, finds real opportunities to strengthen weak criteria. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 26, 2026.
- USCIS, Request Records through the Freedom of Information Act or Privacy Act (last updated January 27, 2026). Online-only requests from January 22, 2026; five steps; specific documents; separate requests; other agencies; priority for court hearings; appeals and OGIS.
- 5 U.S.C. 552 (Cornell LII). 20-day determination; unusual circumstances; expedited processing; exemption 5; segregable portions.
Frequently asked questions
How do I request my USCIS file?
Online. USCIS says that effective January 22, 2026, all FOIA and Privacy Act requests for USCIS records should be submitted online at first.uscis.gov after creating a USCIS account. Be specific about which documents you need, since precise requests are processed faster than whole files. USCIS emails you when the records are ready to download.
How long does a USCIS FOIA request take?
The FOIA statute requires an agency to determine within 20 working days whether it will comply, and allows an extension of up to 10 more working days in unusual circumstances. Actually producing records, especially a full A-File, can take longer. USCIS says requests for specific documents are processed faster, and it prioritizes A-File requests for people with an upcoming immigration court hearing.
Can I get my file faster if my case was denied?
A denial alone does not make a request urgent under USCIS's stated priorities. USCIS prioritizes A-File requests when you include a notice showing an upcoming immigration court hearing. The FOIA statute also allows expedited processing when the requester shows a compelling need. The most reliable way to speed things up is to ask only for the specific documents you need.
Will the FOIA response include the officer's notes?
Possibly in part. FOIA lets agencies withhold certain material, including inter-agency or intra-agency memorandums that would not be available in litigation, which covers deliberative material. But the statute requires agencies to release any reasonably segregable portion of a record and to mark what was deleted and why. Many responses include the documents you filed and the decisions issued, with some internal pages redacted.
Can my attorney request my file for me?
Yes. USCIS says you can receive online responses even if you have a representative, because the representative can request your records through their own USCIS online account. Requests for someone else's records need that person's written permission. USCIS also offers a FOIA API for attorneys who use immigration case management software.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
