One of the first things an immigration attorney may recommend is requesting copies of your immigration records. You may wonder, “Why do I need my records? Doesn’t the government already have them?”
The answer is simple: Just because the government has your records doesn’t mean you do. Having access to your own immigration history can make a significant difference when preparing your case, identifying potential issues, and exploring your legal options.
Whether you’ve had contact with USCIS, Immigration Court, ICE, CBP, or another immigration agency, obtaining your records is often the first step toward building a strong case.
What Is a Records Request?
A records request is exactly what it sounds like—asking a government agency for copies of the documents it has about you.
Different agencies maintain different records, so there is no single file that contains everything about your immigration history.
Depending on your case, your attorney may request records from one or several agencies to get the most complete picture possible.
And, there’s good news! Requesting copies of your immigration records does not negatively affect your immigration case. A records request is not an application for an immigration benefit, and it does not change your immigration status. You are simply asking for copies of information that already exists in government files.
What Is a FOIA Request?
FOIA stands for the Freedom of Information Act, a federal law that allows individuals to request records from government agencies.
In immigration cases, FOIA requests are commonly submitted to agencies such as:
- U.S. Citizenship and Immigration Services (USCIS) – for copies of immigration applications, petitions, notices, interview records, decisions, and your A-File.
- U.S. Customs and Border Protection (CBP) – for records related to entries into the United States, inspections at ports of entry, border encounters, and other interactions with CBP officers.
- U.S. Immigration and Customs Enforcement (ICE) – for records involving detention, supervision, enforcement actions, or prior contact with ICE.
- U.S. Department of State (DOS) – for certain visa records, consular processing documents, and other records related to applications made through U.S. embassies and consulates abroad.
Each agency only provides the records it maintains, which is why your attorney may recommend requesting records from more than one source.
What Is an EOIR Form E-59?
If you have ever had a case in Immigration Court, your attorney may recommend submitting EOIR Form E-59.
Unlike a FOIA request, the E-59 is a request made to the Executive Office for Immigration Review (EOIR) for copies of your Immigration Court file.
This can include documents such as:
- Court filings
- Applications submitted to the court
- Motions
- Decisions from the Immigration Judge
- Hearing notices
- Orders issued in your case
- Other documents contained in your court record
For individuals with current or past Immigration Court proceedings, an E-59 request is often one of the fastest and most effective ways to obtain court records.
Why Are Attorneys Recommending Records Requests Right Now?
Immigration laws and policies continue to change, and many people have complicated immigration histories that span several years—or even decades. Often, they contain important information that people don’t realize exists.
In today’s immigration environment, records requests have become even more important. USCIS, ICE, and other agencies are increasingly reviewing applicants’ prior immigration history, and inconsistencies between current filings and past records can create significant problems.
Having your records allows your attorney to identify issues before the government does. It also helps ensure that future applications accurately reflect your immigration history and allows your attorney to address any discrepancies proactively rather than responding to them after USCIS raises concerns.
Some clients have:
- Filed applications with different agencies.
- Worked with multiple attorneys.
- Lost copies of important paperwork.
- Had encounters with immigration officers at the border.
- Been placed in Immigration Court.
- Filed applications years ago that they no longer remember.
Without complete records, it can be difficult to determine the best legal strategy. As immigration officers place greater emphasis on reviewing an applicant’s entire immigration history, understanding what has already been filed with the government has become more important than ever. Requesting records allows your attorney to understand your immigration history before filing a new application or pursuing a new form of relief.
They may help your attorney:
- Confirm your immigration history.
- Verify what applications have been filed in the past.
- Identify errors or inconsistencies in government records.
- Review prior immigration decisions.
- Understand previous entries into the United States.
- Determine whether additional immigration options may be available.
- Prepare for interviews or court hearings.
Sometimes records also reveal mistakes that can be corrected before they become larger problems.
How Long Does It Take?
Every agency has its own processing times.
Some records requests are completed within a few weeks, while others can take several months. Because of these delays, attorneys often recommend requesting records before they are urgently needed.
The sooner the request is submitted, the sooner your attorney can begin reviewing your file and planning the best strategy for your case.
Knowledge Is Power
One of the most important parts of any immigration case is understanding what has happened in the past before deciding what to do next.
You should never assume you know exactly what is in your immigration file. Over the years, applications may have been prepared by different attorneys, submitted to different agencies, or filed decades apart. Before filing a new immigration application, it is often worth taking the time to understand exactly what the government already knows about your case.
At Hope Immigration, we often recommend obtaining immigration records early in the process because they allow us to identify potential issues, verify important facts, and provide advice based on the complete picture—not just what we remember or what paperwork a client still has at home.
The better we understand your immigration history, the better we can help you plan for your future.