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Which agency to ask for your immigration file: USCIS, EOIR, CBP or ICE

Each agency keeps a different part of your immigration history. What USCIS, EOIR, CBP, ICE and the Department of State hold, how to request it from each one and how to track the request.

5 min read

Your immigration history is not in one place. Applications live at USCIS, hearings at the EOIR courts, entries and exits at CBP, detentions at ICE and visas at the Department of State. Asking the wrong agency is the most common reason for an empty answer. This guide says what each one holds and how to ask for it.

What each agency keeps

AgencyWhat it keepsWhen to ask
USCISThe A-File: applications, decisions, interview notes, notices, evidence submittedAlmost always the first place; it holds most of the history
EOIR (immigration courts)The court file: the NTA, filings before the judge, orders, hearing recordingsIf you had or have removal proceedings
CBP (customs and border)Entries and exits (I-94 history), border records, expedited removals, seizuresTo prove entry dates or learn what happened at a crossing or an airport
ICEDetentions, orders of supervision, removal and bond recordsIf you were detained or under ICE supervision
Department of StateVisa applications, consular interviews, visa refusalsTo learn why a visa was refused or what a consulate has on file

Many people need two: the USCIS A-File and the EOIR court file. If your case started at the border, the CBP file too.

USCIS: the A-File

Requested online with your USCIS account or by mail with Form G-639. It is free in most cases and takes weeks to several months depending on the track USCIS assigns. You get a control number (starting with NRC or ending in REQ) to follow the progress, free, in MigraConnect's FOIA lookup. The full step by step is in A FOIA request to USCIS.

EOIR: the court file

The court file (Record of Proceedings) includes the Notice to Appear, everything you or the government filed with the judge, the orders and decisions, and the audio recordings of your hearings, which are especially useful for an appeal.

  • It is requested from EOIR's FOIA office, by email or mail, with your full name, your A-Number, the court that handled the case and a copy of your ID or a declaration of identity. The current instructions and addresses are at justice.gov/eoir/foia.
  • If the case is active, your lawyer can also ask the court for copies of parts of the file without going through FOIA.
  • EOIR answers with the documents in digital form, and the recordings as audio files.

Your next hearing, your judge and your asylum clock do not require FOIA: they are checked for free with your A-Number in the court lookup or by calling 1-800-898-7180.

CBP: entries, exits and the border

CBP keeps the records of your crossings: the arrival and departure history (the I-94), what happened at an inspection, an expedited removal, a withdrawal of an application for admission, and the forms from a border apprehension (the I-213 or the I-867, for example). They prove the date of your last entry, key for asylum's one-year deadline and for many other filings.

  • Your I-94 history for recent years can be downloaded free and instantly at i94.cbp.dhs.gov with no FOIA.
  • For the other records, you file a FOIA request with CBP through its online portal, from cbp.gov/foia. You must verify your identity. CBP usually answers within several months.

ICE: detentions and supervision

If you were detained, under an order of supervision, or posted a bond, ICE holds that file: the booking record, the orders, the records of check-in appointments, and the documents from a prior removal. It is requested with a FOIA request to ICE from ice.gov/foia, with identity verification.

Department of State: visas

Visa applications (DS-160, DS-260), consular interview notes and the reasons for a refusal are at the Department of State, not USCIS. They are requested with a FOIA or Privacy Act request at foia.state.gov. They tend to take longer than the other agencies, and consular officers' notes are often withheld.

Tips for all of them

  • Ask with your complete details: name and other names used, date and place of birth, A-Number, and the approximate dates or places of what you are looking for.
  • Sign a declaration of identity (under penalty of perjury) on every request; without it, agencies do not release personal records.
  • If you have a hearing coming up, say so and attach the notice: USCIS and other agencies prioritize those requests.
  • Keep the control or tracking number from each agency. USCIS's is tracked on MigraConnect; the others, on each agency's portal.
  • Count on months. Start the requests as soon as you know you will need the file, not two weeks before a deadline.

Common questions

Can I ask for everything in one request?

No. Each agency has its own FOIA system. If USCIS finds another agency's documents in your A-File, it can refer them to that agency, which answers separately.

Which one do I ask first?

The USCIS A-File, which is usually the most complete. If you had court proceedings, the EOIR file at the same time, because the recordings are only there.

Can my lawyer request them for me?

Yes, with your signed authorization (and Form G-28 before USCIS). The answer goes to them.

How do I follow the progress?

The USCIS control number is checked for free in MigraConnect's FOIA lookup; with MigraConnect+ you get an alert at every step. The other agencies show the status on their portals.

This guide is informational and does not replace advice from a lawyer or an accredited representative.

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This article is for information only and is not legal advice. For guidance on your case, talk to a licensed attorney or accredited representative.