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Info as to whether AR 11 has been filed by alien can be requested thru FOIA

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  • Info as to whether AR 11 has been filed by alien can be requested thru FOIA

    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

    Should a USC spouse wish to inquire of the status of an alien's whereabouts, if USC spouse was a co-petitioner, he or she may request information as to whether an AR11 has been filed in a timely fashion through the Freedom of Information Act. Such information may take up to two to three months to receive.

  • #2
    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

    Should a USC spouse wish to inquire of the status of an alien's whereabouts, if USC spouse was a co-petitioner, he or she may request information as to whether an AR11 has been filed in a timely fashion through the Freedom of Information Act. Such information may take up to two to three months to receive.

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    • #3
      Molly:

      The subject line in a post does not permit lengthy headers. I should have stated in the body of my post, that provided youa re a co-petitioner in this case, and if there has been no suggestion of separation by the alien or USC.

      Aagain, I don;t know if the atty was correct or not, I'm just repeating what I was told. It is here for others who know by example to refute. That was the purpose of placing my posts

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      • #4
        swissnut:

        You can't make FOIA requests if you are not the alien unless you have his written consent.

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        • #5
          Aguila:

          This atty told me that if a co-petitioner a USC can make a FOIA request to see the entire file. Don;t know if he was correct, just repeating what he told me.

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          • #6
            You might be able to get only I-751 case, one question, when you filed jointly I-751 and at which Service Center? Don't you think he might have conditions removed already?

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            • #7
              Co-petitioner can request the ENTIRE file as far as info the atty gave me. I would think that the entire file would contain anything entered into it since such as AR-11 and so on.

              Yes, I asked iff my file had been adjudicated, the atty asked me when the petition was received by Nebraska, I told him the date and he siad no it has not. Now he didnt consult BCIS to give this answer but based his answer on the approximate time it is taking to get through the backlog.

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              • #8
                Sponsors ARE ABLE to receive copies if they want it.

                I was able to go into our immigration lawyers office a couple of months ago requesting copies of our file. She gave all of the documents submitted to the BCIS to me without any questions. Had to pay about $1 per page to her.

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                • #9
                  Hi Mike,
                  I might be wrong but there is a big difference between lawyer's office and BCIS... personally I don't think they can get any copy of info...even husband cant get any medical info for wife ...coz its strict privacy act.... Then once If marriage starts failing ...I don't think they can give any info to Sponsor ...as alien might sue that just because of revenge stuff he/she wanted to get info abt me....but whatever...I might be wrong too...

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                  • #10
                    Swissnut, do you work in Law office ? you seem so knowledgable.

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                    • #11
                      AK, no I don't...

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