Before an attorney visit or a new filing, you may need your own US immigration history on paper: when you entered, what was decided, and what the government has on file. That history is not kept in one place. ICE’s FOIA page says immigration records are held by several different federal agencies. It also says that sending your request to the agency that keeps the type of record you want avoids delays and incomplete responses.
This page maps which agency holds which record and how to ask each one. We read the official FOIA pages of USCIS, ICE, CBP, the immigration courts (EOIR) and the State Department, plus the DHS fee regulation, on 15 October 2026. We cannot tell you what is in your file.
Quick summary: Your A-File (the main immigration file) is at USCIS. ICE says official copies of many ICE-issued forms are kept in that A-File, under USCIS custody. Entries, exits, Border Patrol apprehensions and the I-94 are at CBP. Detention, removal, medical-while-detained and bond obligor records are at ICE. The immigration court file is at EOIR. EOIR offers a request route outside FOIA that it says is focused on certain parties to currently pending proceedings and people with a specific legal relationship to a party; EOIR also takes FOIA requests for a record of proceedings. Visa application records are at the State Department, and the US Embassy does not take FOIA requests. Since January 22, 2026, USCIS says requests should be submitted online at first.uscis.gov, and CBP says it no longer accepts hard copies by mail, fax or email. ICE takes requests only through its SecureRelease portal, with mail accepted only from detained or incarcerated requesters. CBP says there is no fee to file. Under the DHS and EOIR fee rules, requesters not seeking records for commercial use get the first 100 pages and two hours of search free.
1. Which agency holds which record
| Record you need | Agency that holds it | Where to file |
|---|---|---|
| A-File: your official immigration file, including official copies of many ICE-issued forms | USCIS | first.uscis.gov, with a USCIS account |
| Entries and exits, Form I-94, Border Patrol apprehensions and detention, expedited removals by Border Patrol, inspections at a port of entry, travel records | CBP | CBP SecureRelease portal or FOIA.gov |
| Deportation and removal records in ICE custody, detention records, medical records while detained, bond obligor records, student visa (SEVIS) records | ICE | ICE SecureRelease portal |
| Immigration court file (record of proceeding) | EOIR (immigration courts and the Board of Immigration Appeals) | Directly to the court or BIA, outside FOIA (EOIR says this route is focused on certain parties to currently pending proceedings and people with a specific legal relationship to a party), or a FOIA request through PAL or the National FOIA Portal |
| Visa applications, civil documents you gave the consulate, and consular correspondence | State Department | State’s Public Access Link (PAL) |
| Biometric and identity data | OBIM | Route not covered by the pages we read |
Two points from ICE’s own map matter here. First, ICE says USCIS is the primary custodian of the A-File. Although ICE issues many forms, it says the official copies are kept in the A-File, so you request those from USCIS. Second, ICE says that if you want a comprehensive immigration history, you will need a USCIS request in addition to any ICE request. ICE also describes OBIM as holding biometric and identity information, not full case files or A-Files.
2. Since January 22, 2026: online filing at USCIS and CBP
- USCIS says that, effective January 22, 2026, FOIA and Privacy Act requests for its records should be submitted online. To ensure timely processing, it says you must make your request at first.uscis.gov after creating a USCIS account. Its page also lets you check the status of a request whether you made it online or another way. The old uscis.gov/g-639 address now redirects to that FOIA page.
- CBP says that since January 22, 2026 it no longer accepts hard-copy requests by mail, fax or email. You file through the CBP SecureRelease portal or www.FOIA.gov. CBP’s records page still prints a mailing address, but its FOIA landing page says hard copies are no longer accepted, so we give only the online route.
- ICE says FOIA requests for its records must be submitted electronically through its SecureRelease Portal, and that “ICE does not accept FOIA requests by email or hard copy through the mail”. On mailed requests, ICE names one exception: requesters who are detained or incarcerated.
- EOIR recommends its Public Access Link (PAL) for FOIA requests, or the National FOIA Portal.
- State calls its Public Access Link (PAL) portal the most efficient way to make a FOIA request.
The State Department’s FOIA page still shows a USCIS mailing address for A-Files. USCIS’s own page says requests should be submitted online at first.uscis.gov, so we do not give that mailing address as a filing route.
3. Step by step
Decide exactly what you need. USCIS says: “We can process requests for precise records much faster than requests for an entire file”. If your attorney needs one approval notice or one decision, ask for that.
Send one request per person. USCIS says each person needs a separate request, even relatives. It rejects single requests that cover several people and tells you to resubmit them separately.
Gather identifiers.
- CBP asks for your date of birth, your A-number, your parents’ names, and any alias you used at the time of entry or apprehension.
- For a court file, EOIR asks for your full name, aliases, hearing location and A-number. If you do not know the A-number, or the case was before 1988, it asks for the date of the Order to Show Cause, your country of origin and the hearing location.
Prove your identity, or the other person’s consent. The table below shows what CBP and EOIR name. For someone else’s records, USCIS says you need that person’s written permission. The State Department says Form DS-4240-C can be used to give consent, even if you are not a US citizen or lawful permanent resident.
If you have an immigration-court hearing, say so and attach proof. USCIS lets you ask it to prioritize an A-File request when you have a scheduled hearing with an immigration judge. You must include a copy of one of these, sent to you by DHS or the Department of Justice:
- Form I-862 (Notice to Appear)
- Form I-122 (Order to Show Cause)
- Form I-863 (Notice of Referral to Immigration Judge)
- a written notice continuing a future hearing
For ICE expedited processing, ICE says you must explain in writing, in detail, how your request meets the criteria and certify that the information is true to the best of your knowledge.
Track it. USCIS says you can check status online with the FOIA control number in your receipt message, whether you made the request online or another way. Its FOIA office answers only FOIA questions: “We cannot help with, or respond to, questions about pending applications, petitions, or any other immigration matter”. For those, USCIS points you to its Contact Center at 800-375-5283 (TTY: 800-767-1833). CBP’s FOIA office is at 202-325-0150 or cbpfoiapublicliaison@cbp.dhs.gov.
If the answer is incomplete or denied, appeal.
- USCIS says appeal instructions come in your final determination letter.
- CBP says appeals go through its SecureRelease portal. If you cannot use the portal, it allows a mailed appeal within 90 days of the date of your final response letter.
- USCIS also points to the Office of Government Information Services (OGIS), which offers mediation between requesters and agencies.
Identity and consent forms: CBP and EOIR
| Agency | Requesting your own records | Requesting someone else’s records |
|---|---|---|
| CBP | Full name, address, date of birth, and a signed Certification of Identity form, or a perjury statement and signature, or a notary | A signed G-28 (attorney or accredited representative) or other signed consent |
| EOIR | Form DOJ-361, Certification of Identity, originally signed and dated | Form EOIR-59, completed, signed and dated by the person the records are about |
4. Your immigration court file: record of proceeding or FOIA
EOIR runs a service outside the FOIA process for respondents and their representatives of record to request a copy of their official record of proceeding (ROP). EOIR says you can make the request to the immigration court or the BIA in person, by mail or by email. It says submitting Form EOIR-59 or DOJ-361 will ensure you include the information needed to process it.
This route has limits. EOIR’s ROP page says the process is “focused on providing certain parties to currently pending proceedings and people with a specific legal relationship to a party with a copy of the file in specific situations”. It adds that the process is different from the FOIA process. If that does not describe your situation, the other route EOIR describes is a FOIA request that seeks the record of proceedings, filed through PAL or the National FOIA Portal, with the identifiers listed in step 3.
For ROP requests, some courts can fill a request the day you visit, but EOIR says file size and location will most often prevent same-day service. It also asks you not to file twice unless you were told your request cannot be fulfilled: “Duplicate requests will not help you get your ROP faster”. EOIR adds that a duplicate request “will slow down the process for all of the people who file a request after you”. To check a case’s status rather than get the file, see our guide to checking an immigration court case.
5. Fees
| Rule | Amount | Source |
|---|---|---|
| Fee to file at CBP | None. CBP says: “There is no fee to file a FOIA request” | CBP FOIA FAQ |
| Free allowance at DHS (USCIS, CBP, ICE), except requesters seeking records for commercial use | First 100 pages and first two hours of search | 6 CFR 5.11 |
| No charge at DHS if the total after the free allowance is | $14.00 or less | 6 CFR 5.11 |
| DHS photocopies | Ten cents per page | 6 CFR 5.11 |
| Amount a DHS request commits you to pay | Up to $25.00, unless you seek a fee waiver | 6 CFR 5.11 |
| ICE fee category for an individual asking for their own records | Other: may be charged search and duplication fees, but not review fees | ICE submit-request page |
| EOIR, non-commercial requesters, after the first 100 pages and 2 hours of search | $.05 per page; search per quarter hour $4.75 (administrative) or $10.00 (professional); no charge unless fees exceed $25.00 | EOIR FOIA: Submit a Request page (citing 28 C.F.R. 16.10) |
| State: amount a request commits you to pay | Up to $25, unless otherwise noted | State FOIA page |
The USCIS FOIA fee page returned an error when we checked it. The DHS regulation above is the rule for DHS components, as eCFR showed it on 15 October 2026. EOIR adds that it may also charge for retrieving records stored at a National Archives records center and for scanning them. It says it will notify you before completing a request if fees exceed $25.00.
6. Timing: what the agencies say
- USCIS says precise requests are processed much faster than requests for an entire file. It also says hearing-related A-File requests can be prioritized.
- The USCIS page we read does not list processing times.
- EOIR says same-day court-file service is possible at some courts, but file size and location will most often prevent it.
7. The Guatemala angle
- A visa refusal at the US Embassy in Guatemala City. The State Department says “U.S. Embassies and Consulates do not accept FOIA or Privacy Act requests”. Requests for visa records go to its Information Access Programs Directorate, through PAL.
- You entered decades ago. CBP says: “CBP does not have records on the entry and exit of persons arriving or departing the U.S. before 1982”. It adds: “Records of apprehensions by Border Patrol made before 2000 may be available in the A-File maintained by USCIS”.
- You were deported or detained. ICE holds the removal and detention records it keeps in custody, but ICE says many of its records are also in the USCIS A-File. For a comprehensive immigration history, ICE says you will need a USCIS request in addition to any ICE request. If you were returned on a removal flight, see what happens when a deportation flight lands.
- You were adopted from Guatemala. For the Guatemalan side of your records, see our adoptee records guide.
- Very old records. USCIS sends requests for records more than 100 years old to its Genealogy Program. State says that, in general, pre-1940 visa records are property of the National Archives (NARA).
8. What a FOIA request is not for
- Getting your original documents back. ICE says that to get back originals you submitted for an immigration benefit, such as a passport or birth certificate, you file Form G-884 with USCIS. It says this is not handled through ICE FOIA.
- Fixing a travel-screening problem. ICE says DHS TRIP is the proper avenue for that, not FOIA.
This page is general information, not legal advice. Before you rely on any record, confirm your own case with an immigration attorney or a DOJ-accredited representative.
Related
- Checking your immigration court case (EOIR)
- Adopted from Guatemala: origins file, birth record and US immigration records
- Paying an ICE immigration bond
- Asylum for Guatemalans in the US
- The I-601A waiver for Guatemalans
- Lost green card in Guatemala (I-131A)
- US government actions affecting Guatemalans in 2026
- When a Guatemalan goes missing in the US
- Find your Guatemalan consulate
- All diaspora guides
Sources
All fetched 15 October 2026.
- USCIS, Request Records through FOIA or the Privacy Act (last reviewed 01/27/2026): https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
- USCIS, G-639 address (redirects to the page above): https://www.uscis.gov/g-639
- ICE, Request Immigration Records (updated 07/06/2026): https://www.ice.gov/foia/request-immigration-records
- ICE, Submit a FOIA Request (updated 07/06/2026): https://www.ice.gov/foia/submit-request
- ICE, FOIA FAQ (updated 07/06/2026): https://www.ice.gov/foia/faq
- CBP, FOIA: https://www.cbp.gov/site-policy-notices/foia
- CBP, FOIA Records (last modified Feb 11, 2026): https://www.cbp.gov/site-policy-notices/foia/records
- CBP, FOIA FAQ (last modified Jul 16, 2026): https://www.cbp.gov/site-policy-notices/foia/faq-foia
- DHS FOIA fee regulation, 6 CFR 5.11 (eCFR current text): https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-6?part=5§ion=5.11
- EOIR, Freedom of Information Act (updated May 18, 2026): https://www.justice.gov/eoir/freedom-information-act-foia
- EOIR, FOIA: Submit a Request (updated August 27, 2025): https://www.justice.gov/eoir/foia-submit-a-request
- EOIR, Request for ROP (updated August 27, 2025): https://www.justice.gov/eoir/ROPrequest
- US Department of State, FOIA request page: https://foia.state.gov/request/request2.aspx
Frequently Asked Questions
Which agency has my immigration file?
ICE’s FOIA page says USCIS is the primary custodian of a person’s official immigration file, the A-File. It says that in most cases, if you want a complete history of an immigration case, you should send a FOIA request to USCIS, not ICE. Other records sit elsewhere. CBP holds entries and exits, Border Patrol apprehensions and Form I-94. ICE holds detention, removal, medical-while-detained and bond obligor records. The immigration court (EOIR) holds the court file. The State Department holds visa application records.
How do I request my A-File from USCIS?
USCIS says that since January 22, 2026 FOIA and Privacy Act requests for its records should be submitted online, and that to ensure timely processing you must make the request at first.uscis.gov after you create a USCIS account. It advises asking only for the specific documents you need, because it processes precise requests much faster than requests for an entire file. Each person needs a separate request, even relatives, and USCIS says it rejects single requests that cover several people.
How much does a FOIA request cost?
CBP’s FOIA FAQ says there is no fee to file a FOIA request. Under the DHS fee regulation (6 CFR 5.11), which covers USCIS, CBP and ICE, requesters who are not seeking records for commercial use get the first 100 pages and the first two hours of search free. No fee is charged if the remaining total is $14.00 or less. Filing a request counts as a commitment to pay up to $25.00 unless you ask for a fee waiver. EOIR and the State Department have their own fee rules, covered in the fees table on this page.
I have an immigration court hearing. Can I get my A-File faster?
USCIS says you can ask it to prioritize an A-File request if you have a scheduled hearing with an immigration judge. You must attach a copy of a Notice to Appear (Form I-862), an Order to Show Cause (Form I-122), a Notice of Referral to Immigration Judge (Form I-863), or a written notice continuing a future hearing. The court file itself is a separate request to EOIR. EOIR offers a record-of-proceeding request outside FOIA, with Form EOIR-59 or DOJ-361, but its ROP page says that process is focused on certain parties to currently pending proceedings and people with a specific legal relationship to a party, in specific situations. EOIR also takes FOIA requests that seek a record of proceedings.
How do I get a record of when I entered and left the US?
Entry and exit records, Border Patrol apprehensions and Form I-94 come from CBP. CBP says it has no entry and exit records for people arriving or departing before 1982. Its apprehension records from before 2000 are incomplete and may be in the USCIS A-File instead. CBP takes requests only through its SecureRelease portal or FOIA.gov since January 22, 2026.
My visa was refused at the US Embassy in Guatemala. How do I get that record?
Visa application records are held by the State Department. Its FOIA page says US embassies and consulates do not accept FOIA or Privacy Act requests, and that visa record requests go to its Information Access Programs Directorate. State calls its Public Access Link (PAL) portal the most efficient way to file.
Can I still mail a paper FOIA request?
Not to CBP. CBP says that since January 22, 2026 it no longer accepts hard-copy requests by mail, fax or email. USCIS says its requests should be submitted online at first.uscis.gov to ensure timely processing, and its page lets you check the status of a request whether you made it online or another way. ICE says it accepts FOIA requests only through its SecureRelease portal, with mail accepted only from people who are detained or incarcerated. Separately, EOIR’s record-of-proceeding service, which is not FOIA and which EOIR says is focused on certain parties to currently pending proceedings and people with a specific legal relationship to a party, accepts requests in person, by mail or by email.

