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  • FOIA request

    Hi. Does anyone know if a FOIA can be filed at the consulate level? I am a USC, and my husband and I are in Mexico, waiting for a K-3 visa or greencard. It is taking a while, and they are investigating; we already had one interview for the K-3, at which point they took his fingerprints and accused him of having a criminal record in the US. He had formerly been in the US and took a voluntary departure in '95, but never was arrested and has no criminal record besides the INS violation. We tried to do a FOIA at the local office (Philadelphia) where the voluntary departure hearing was, and they wouldn't process it because they said there was a deportation order. The letter also said that they would process a FOIA if he surrenders himself to INS. The thing is, he is in Mexico, we have physically been in the presence of INS workers at the consulate. Obviously he can't surrender himself in Philadelphia. Can we do a FOIA at the American Consulate to get his records and see why this is taking so long, and what they think he did? I appreciate any suggestions.

  • #2
    Hi. Does anyone know if a FOIA can be filed at the consulate level? I am a USC, and my husband and I are in Mexico, waiting for a K-3 visa or greencard. It is taking a while, and they are investigating; we already had one interview for the K-3, at which point they took his fingerprints and accused him of having a criminal record in the US. He had formerly been in the US and took a voluntary departure in '95, but never was arrested and has no criminal record besides the INS violation. We tried to do a FOIA at the local office (Philadelphia) where the voluntary departure hearing was, and they wouldn't process it because they said there was a deportation order. The letter also said that they would process a FOIA if he surrenders himself to INS. The thing is, he is in Mexico, we have physically been in the presence of INS workers at the consulate. Obviously he can't surrender himself in Philadelphia. Can we do a FOIA at the American Consulate to get his records and see why this is taking so long, and what they think he did? I appreciate any suggestions.

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    • #3
      you need to submit the foir request directly to the agency that has your files (if you know, such in your case, that it's Philadelphia), submit it there. The consulate is with the State dept. and typically doesn't have too extensive files (nor the financial resources to do so) on aliens (I'd imagine) and a removal court is part of the Deprt. of justice or under BCIS, these are completly different branches that work differently and with different speeds.

      If he had a voluntary departure in 1995, you may need a waiver for his new sponsorship of K-3? Did you frankly mention the previous problems in the current application? Good luck!

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