Form G-639: Freedom of Information/Privacy Act Request (FOIA) Explained
Form G-639, Freedom of Information/Privacy Act Request (FOIA), allows individuals to request immigration records from USCIS. You can submit this request for yourself or on behalf of someone else with their written consent. In addition to case-specific records, FOIA requests may include access to agency policies, data, or other immigration-related documents.
Before filing a FOIA request with Form G-639, it is important to check your USCIS online account or the Electronic Reading Room to see if the records are already available. To speed up processing, USCIS encourages applicants to file FOIA requests online instead of mailing paper forms.
What is the Freedom of Information Act (FOIA)?
The Freedom of Information Act (FOIA) is a federal law that requires government agencies to disclose certain records to the public upon request. This includes immigration files and data held by USCIS. Filing Form G-639 allows you to obtain your own immigration records or another person’s records (with proper authorization).
It’s important to note that Form G-639 should not be used for:
- Checking the status of a pending immigration application
- Requesting proof of immigration status
- Asking for naturalization records dated before September 27, 1906
- Requesting the return of original immigration documents
Form G-639 and USCIS Processing
The USCIS FOIA Office uses a three-track processing system to handle requests efficiently:
- Track 1 – Simple requests involving one or a few documents.
- Track 2 – Complex requests, such as complete immigration files or large volumes of documents.
- Track 3 – Expedited requests for individuals who must appear before an immigration judge. To qualify, you must include supporting documents such as:
- Form I-862 (Notice to Appear)
- Form I-122 (Order to Show Cause)
- Form I-863 (Notice of Referral to Immigration Judge)
- Written notice of a continued immigration hearing
- Form I-862 (Notice to Appear)
How to Request Records Using Form G-639
The documents you need to submit depend on who the request concerns. Examples include:
- For a minor: Proof of parental or legal guardian status, such as a birth certificate, adoption decree, or other legal records.
- For a deceased individual: A death certificate, obituary, photo of the headstone, or funeral documentation.
Part 1: Type of Request
Indicate whether you are filing under the FOIA/Privacy Act (check box 1.a.) or submitting an Amendment of Record (check box 1.b.).
Part 2: Requestor Information
Provide your full legal name, mailing address, and contact details. If you are not the subject of the record, specify your role (attorney, accredited representative, or family member). At Green Card Link, its immigration attorneys can file this request on your behalf to ensure accuracy. You must also consent to any processing fees up to $25.
Part 3: Records Description
Clearly describe the documents you are requesting. Include:
- Purpose of your request
- Full legal name of the subject (and prior names, if applicable)
- Immigration identifiers such as Form I-94 number, passport or travel document number, Alien Registration Number (A-Number), USCIS online account number, and receipt numbers
- Names of family members who may appear in the records
Providing precise details helps USCIS process your request faster and avoids unnecessary delays.
Part 4: Identity Verification & Consent
List the subject’s full name, date of birth, country of birth, address, and contact information. If the subject is different from the requestor, they must sign the form. For deceased individuals, submit proof of death.
Part 5: Processing Information
f your case involves urgency—such as a pending immigration court date or a threat to your life or safety—indicate this here. You may need to provide documentation such as a Notice to Appear (Form I-862) or other hearing notices.
Part 6: Additional Information
Use this section for any extra details that support your request.
Mailing Addresses for Form G-639
Send your completed request to the USCIS National Records Center:
Standard Mail:
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P.O. Box 648010
Lee’s Summit, MO 64064-8010
Overnight/Certified Mail:
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
150 Space Center Loop, Suite 300
Lee’s Summit, MO 64064-2139
For Privacy Act amendment requests (to correct ICE records), you can also email iceprivacy@ice.dhs.gov or send your request to:
U.S. Immigration and Customs Enforcement
Privacy and Records, Privacy Branch
500 12th Street SW, Stop 5004
Washington, D.C. 20536-5004
Checking the Status of Your FOIA Request
After submitting your FOIA request, USCIS will send you an Acknowledgment Letter containing a Control Number (often beginning with NRC, COW, or APP). You can use this number to check the status of your request online through the FOIA Request Status Check tool.
The tool will indicate whether your request is complete or still pending. For pending cases, it will also show where your request stands in its processing track. Track 3 cases, involving immigration court proceedings, receive priority.
If you need additional assistance, you can call USCIS at 1-800-375-5283 or fax inquiries to 816-350-5785.
G-639 Frequently Asked Questions (FOIA Immigration Records)
What is Form G-639 used for?
Form G-639, also known as the USCIS Freedom of Information Act (FOIA) request, allows individuals to obtain immigration records. You may request your own records, records for another person with their consent, or access to certain USCIS policies, data, and other related documents.
How much does a USCIS FOIA request cost?
Most USCIS FOIA requests are free of charge. However, when you submit Form G-639, you agree to pay up to $25 if fees are necessary to process your request. Costs may include photocopying, searching, or duplication fees. For straightforward requests, there is usually no charge. If the costs exceed $25, USCIS will notify you before processing further. Payment must be made before USCIS releases the requested documents.
How long does it take to process a USCIS FOIA request?
After filing Form G-639, USCIS typically sends an acknowledgment letter within 20 days. However, the full process may take several weeks to several months, depending on the complexity of the request and the agency’s workload. Complicated cases, such as those requiring a large volume of records or coordination with multiple agencies, may take six months or longer. By law, USCIS can extend the timeline by an additional 10 days in such cases. Certain requests, such as those involving removal proceedings, are prioritized.
What does “subject of record” mean?
The subject of record refers to the individual whose immigration documents are being requested.
How long does USCIS retain immigration records?
USCIS maintains Alien Files (A-Files) for 100 years. These files may include records for lawful permanent residents, individuals who entered the U.S. legally or illegally, and other noncitizens.
Why are some parts of my record blacked out?
In compliance with privacy and security laws, USCIS may redact information from your records. This often includes names of government officers, officials, or any details not related to the subject of record.
How do I check the status of a pending immigration application?
To track the progress of a pending USCIS petition or application, visit the USCIS case status website or call 1-800-375-5283. If your application was filed at a U.S. embassy or consulate, you must contact the embassy or consulate directly for updates.
What records are not available through a FOIA request?
FOIA requests cannot provide:
- Immigration records dated before 1982.
- Proof of status documents.
- Naturalization records filed before September 27, 1906.
What records are not available through a FOIA request?
Processing times vary by case. While some requests are fulfilled within weeks, others may take months. USCIS is required to notify you within 20 business days (excluding weekends and holidays) that your request has been received.
Who should I contact for U.S. criminal conviction records?
For records related to U.S. criminal history, you should contact the Federal Bureau of Investigation (FBI). For immigration-related details such as your U.S. entries, departures, photographs, affidavits, or visas, these can typically be found in your USCIS Alien File.
How Green Card Link Can Help You With Form G-639
Handling a FOIA immigration records request on your own can be overwhelming. Filing Form G-639 incorrectly may result in delays or complications affecting your immigration status or benefits. At Green Card Link, its immigration attorneys provide the guidance you need to ensure your request is accurate and complete. Schedule a consultation today to safeguard your immigration journey with trusted expertise.