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Results 1 to 6 of 6

Thread: Freedom of Information Act - USCIS & VAWA Documents

  1. #1
    Is it possible to secure USCIS and VAWA documents under FOIA( freedom of information act) ? I was thinking about using this as an angle in a defamation of character civil action.

    If one served an interagatory on the accuser or defendant they would need to produce these documents for the court by law correct? Also, it wouldn't benefit the residency seeker to suppress these documents from a jury.

    It seems a U.S. citizen has the right to know how a residency seeker slandered their petitioner in a VAWA self petition.

  2. #2
    Is it possible to secure USCIS and VAWA documents under FOIA( freedom of information act) ? I was thinking about using this as an angle in a defamation of character civil action.

    If one served an interagatory on the accuser or defendant they would need to produce these documents for the court by law correct? Also, it wouldn't benefit the residency seeker to suppress these documents from a jury.

    It seems a U.S. citizen has the right to know how a residency seeker slandered their petitioner in a VAWA self petition.

  3. #3
    Found this... I'll give it a try. I intend to publish all police reports, legal documents and recordings pertaining to my case in the near future. There are many incosnsistencies and there are bound to be more in my wife's VAWA complaint and USCIS documents.

    FOIA

    USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:

    U.S. Citizenship and Immigration Services
    National Records Center, FOIA/PA Office
    P. O. Box 648010
    Lee's Summit, MO 64064-8010
    (816) 350-5570
    Fax (816) 350-5785
    uscis.foia@dhs.gov

    Making a FOIA or PA request:

    1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available at www.uscis.gov) may be used for this purpose, but is not required. Please see "How to make a FOIA or PA request" for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.

    2. To Request Human Resources Information: Mail requests for this information to: Customs and Border Protection, Burlington Human Resources Office, 70 Kimball Avenue, South Burlington, Vermont 05403-6813.

    3. To Request Certifications: Certification of Nonexistence of a Record involves an agency decision. The USCIS Office of Records Management prepares this documentation. Requests for this service should be addressed to U.S. Citizenship and Immigration Services, ATTN: Records Service Branch, 111 Massachusetts Avenue, NW, 4th Floor, Washington, D.C. 20529.

    4. To Request Customs and Border Patrol records: Effective October 1, 2007, mail all requests for non-Alien file Customs and Border Patrol records to U.S.Customs and Border Protection, 1300 Pennsylvania Ave., N.W., Attn: Mint Annex Building, FOIA Division, Washington, D.C. 20229.


    Reading Rooms:

    1. Conventional Reading Room:
    The USCIS Public Reading Room is located at 111 Massachusetts Avenue, N.W. 1st Floor, Washington, D.C. 20529. The hours of operation are 9:00 a.m. to 3:00 p.m., Monday through Friday. The Reading Room is closed on Federal holidays. Please contact the Freedom of Information Office at (202) 272-8280 to make arrangements to view information in the Reading Room. At this on-site location you can review information that has been placed in binders and shelved, or you can take advantage of two computers made ready for electronic viewing of information maintained in our Electronic Reading Room.

    The majority of information in our public reading room is made up of Administrative Decisions. The numerous Decisions have been indexed and categorized to assist you in navigating to your desired document.

    2. Electronic Reading Room (ERR):
    The ERR includes frequently requested records, opinions, policy statements, and staff manuals/instructions to staff, created after November 1, 1996.



    Multitrack Processing:

    USCIS uses a three-track system to process FOIA requests.



    Track One: Routine requests;
    Track Two: Complex inquiries that normally necessitate additional search and review time; and
    Track Three: Requests by individuals scheduled for a hearing before an immigration judge.
    Track Three became effective March 30, 2007. It consists of FOIA requests of individuals who are scheduled to appear before an immigration judge. The new track allows for accelerated access to A-files requested through the FOIA process, provided an individual or the individual's representative includes at least one of the following documents with the FOIA request:

    Notice to Appear (Form I-862);
    Order to Show Cause (Form I-122);
    Notice of Referral to Immigration Judge (Form I-863); or
    A written request of continuation of a scheduled hearing before the immigration judge.
    Requesters wishing to move a pending FOIA request to this new Track Three for processing must resubmit the request and comply with the above requirements.

    Notice of this new track was published in the Federal Register February 28, 2007. A link to the Federal Register Notice is located under "Related Links" on this page.



    FOIA Requester Service Center:

    The National Records Center operates a call center to answer questions about filing a request, provide status updates of pending requests, and otherwise provide assistance in obtaining records from USCIS. The call center operates from 7:00 AM to 2:15 PM Central Time. The phone number to reach a call center representative is (816) 350-5570. You may also fax inquiries to the National Records Center at (816) 350-5785, or e-mail your questions to uscis.foia@dhs.gov.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SeanPatrick:
    Is it possible to secure USCIS and VAWA documents under FOIA( freedom of information act) ? I was thinking about using this as an angle in a defamation of character civil action.

    If one served an interagatory on the accuser or defendant they would need to produce these documents for the court by law correct? Also, it wouldn't benefit the residency seeker to suppress these documents from a jury.

    It seems a U.S. citizen has the right to know how a residency seeker slandered their petitioner in a VAWA self petition. </div></BLOCKQUOTE>


    No

    You do not have a right to the immigrants file. Remember it is not your file. Only she could request information under the FOIA, and even then, USCIS will not necessarily release all the information in the file. It will be at their discretion.

    [quote]<span class="ev_code_RED">It seems a U.S. citizen has the right to know how a residency seeker slandered their petitioner in a VAWA self petition. </span> [quote]



    Yes, it would seem, but however it is not the case.

    WRITE Your congressma/Senator for reform. and /or start petitions/join other group support in revising VAWA under spousal abuse guidelines.

  5. #5
    Even if you were allowed to obtain those records, unfortunately there is a long waiting list.

    I asked for mine, needed it for court.(divorce)

    I was first told 16 months I think it was, and since then I asked again, they told me 18 months.
    You can only get it quicker if you are up in front of a immigration court.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  6. #6
    You can certainly request anything under FOIA. They will delete anything that is not directly about you. But it just may irritate them and do you no good.


    Defamation is only available if she made a public ststement about you.

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