At a glance (120 words): The U.S. government maintains detailed records on every noncitizen who has ever interacted with the immigration system — applications filed, entries and exits, enforcement encounters, court proceedings, and more. Under the Freedom of Information Act, you have the right to request those records. Knowing what is in your file can be the difference between a strong immigration case and one that gets blindsided by something that was always there. This post explains the three main places your immigration records are held — USCIS, EOIR, and CBP — what each file contains, how to request each one, realistic timelines to expect, and the one serious risk you should understand before you file. An immigration attorney can help you interpret what you receive and decide what to do next.
Why Your Immigration File Matters
Most people assume their immigration history is straightforward — they know what they filed, what was approved, and what happened. In practice, government records often tell a different story. Files contain errors. Encounters are recorded that people do not remember or did not fully understand at the time. Old removal orders may be on file. Prior applications that were withdrawn or denied appear in the record. Entry and exit records may be inconsistent with what a person believes their history shows.
Immigration attorneys request their clients’ files routinely because what is in those records shapes everything — what relief is available, what defenses apply, and what arguments cannot be made. When you are in removal proceedings, your attorney and the government are often looking at the same file. Knowing what is there before a hearing is not optional. It is essential.
Even outside of removal proceedings, your immigration file matters if you are preparing for a naturalization interview, responding to an RFE, applying for a waiver, or trying to understand why a prior application was denied.
Where Your Immigration Records Are Held
Your immigration history is not stored in one place. Three agencies maintain separate sets of records, and depending on your history you may need records from more than one.
USCIS — Your A-File
The Alien File, or A-File, is the master immigration record maintained by U.S. Citizenship and Immigration Services. It is the most comprehensive single source of your immigration history and the one most people need first.
An A-File typically contains:
- All immigration applications and petitions you have filed (I-130, I-485, I-765, I-751, N-400, and others)
- Approvals, denials, and RFEs on those applications
- Arrival and departure records
- Form I-213, Record of Deportable/Inadmissible Alien, if you have ever been encountered by immigration enforcement
- Records of prior removal orders or voluntary departures
- Biometric records and photographs from enrollment appointments
- Correspondence between you and USCIS
- Visa and entry documentation
One important technical note: certain standalone applications — such as an I-130 petition, an I-131 travel document request, or an I-765 work permit — may not always be consolidated into your A-File. When making your FOIA request, ask for your A-File and all records containing your name to capture documents that may be filed separately.
EOIR — Your Immigration Court Record (ROP)
The Executive Office for Immigration Review is the immigration court system, operating under the Department of Justice — not DHS. If you have ever had a case before an immigration judge or the Board of Immigration Appeals, EOIR holds a separate file called the Record of Proceeding, or ROP.
An ROP contains:
- All filings and documents submitted in your immigration court case
- Immigration judge decisions and orders
- BIA decisions on appeal, if applicable
- Hearing transcripts
- Any final orders of removal, voluntary departure grants, or other case dispositions
The EOIR file is entirely separate from your USCIS A-File. Requesting one does not give you the other. If you have had immigration court proceedings, you need both.
CBP — Border and Enforcement Records
U.S. Customs and Border Protection maintains records of your international travel history, border encounters, secondary inspections, and Border Patrol apprehensions. CBP records are particularly important if you have a history of entries or if there is a question about a specific crossing or encounter at a port of entry.
Note: most CBP records are also incorporated into your USCIS A-File, so if you have already requested your A-File you may already have much of what CBP holds. A separate CBP request makes sense when you need records of a specific border encounter, a secondary inspection, or a Border Patrol apprehension that may not be fully reflected in the USCIS file.
How to Request Each File
Requesting Your A-File from USCIS
As of January 22, 2026, all USCIS FOIA requests must be submitted online. Mail submissions are no longer accepted for most requesters. Here is how to file:
- Create or log into your account at first.uscis.gov
- Navigate to the FOIA request section and select the type of records you need
- Provide your full legal name, date of birth, country of birth, and your A-Number if you have it
- Describe the records you are requesting as specifically as possible. Request your A-File and “all records” containing your name
- Upload a copy of a government-issued photo ID and a signed consent or identity verification statement
- Submit the request and save your tracking number
If you are requesting records on behalf of someone else, you must provide a signed authorization from that person. Attorneys file with a signed G-28 Notice of Entry of Appearance.
USCIS uses a three-track processing system for A-File requests:
- Track 1 (Simple): Requests for a specific document such as a Certificate of Naturalization or green card copy. Fastest track.
- Track 2 (Standard): Full A-File requests. Can take several months to over a year depending on backlog.
- Track 3 (Expedited): Available when there is an imminent removal proceeding, a scheduled court hearing, or another documented urgent circumstance. Requires proof of the urgency.
Check your request status online using your tracking number. USCIS will notify you by email when records are available for download.
Requesting Your EOIR Court Record (ROP)
EOIR is a Department of Justice agency, separate from DHS. It has its own FOIA process.
If your case is currently active before an immigration court or the BIA, you or your attorney can request the Record of Proceeding directly from the court without going through the FOIA process — and this is generally much faster. Your attorney must have a Form EOIR-28 (immigration court) or EOIR-27 (BIA) on file for the case. Since 2022, active cases use electronic ROPs available through the court’s case portal.
If your case is closed, you must file a FOIA request with EOIR. The fastest method is through the EOIR Public Access Link at foia.eoir.justice.gov.
Your request should include:
- Full legal name and any aliases or prior names
- Date of birth and country of birth
- A-Number
- The immigration court where your case was heard
- Approximate dates of proceedings if known
- A signed Form EOIR-59 (Certification and Release of Records) or Form DOJ-361 (Certification of Identity)
EOIR does not accept Form G-639, which is the USCIS FOIA form. Use the EOIR-specific forms.
Requesting Your CBP Records
As of February 23, 2026, ICE no longer accepts mail FOIA requests (with an exception for detained individuals). CBP requests should be submitted through the FOIA SecureRelease portal at the DHS FOIA portal online.
Your CBP request should include:
- Full legal name, date of birth, and country of birth
- A-Number
- A signed Certification of Identity form
- A description of the specific records you are requesting — travel history, specific border encounter, secondary inspection, or Border Patrol apprehension
Being specific about what you need speeds up processing. A request for “all CBP records” covering many years and multiple crossings will take longer than a request for records of a specific date and port of entry.
Realistic Timelines
Federal law requires agencies to respond within 20 business days. In practice, that often means an acknowledgment letter and tracking number — not the documents themselves.
Actual document delivery timelines in 2026:
- USCIS Track 1 (specific document): Weeks to a few months
- USCIS Track 2 (full A-File): Several months to over a year, depending on backlog and file complexity. The American Immigration Council filed suit against USCIS in February 2026 over FOIA processing failures, which signals ongoing systemic delays.
- EOIR (closed case ROP): Weeks to several months. Active case ROPs through the non-FOIA route can sometimes be faster.
- CBP: Weeks to a few months for targeted requests. Broader requests take longer.
If you need records for an upcoming immigration court hearing and have a scheduled date, include proof of that hearing date with your request and ask for expedited processing. Courts and USCIS give priority to requests tied to imminent proceedings.
One Risk You Need to Understand Before Filing
FOIA is a legal right. Anyone — including noncitizens — can file a FOIA request. There is no citizenship requirement and no filing fee for most requests.
However, immigration attorneys have raised a documented concern: USCIS may share certain FOIA requests with ICE, particularly for individuals who have removal orders, enforcement history, or active immigration cases. If USCIS routes a request internally and ICE becomes aware of the requester’s location or status, that information could potentially be used for enforcement purposes.
This risk is not a reason to avoid FOIA entirely — the information in your file is often critical to your case and your safety. But it is a reason to talk to an immigration attorney before filing if any of the following apply to you:
- You have a prior removal order, even one you believe was never executed
- You have been previously apprehended by Border Patrol or ICE
- You are undocumented or have uncertain current status
- You are in removal proceedings
An attorney can help you weigh the benefit of obtaining your records against any risks specific to your situation, and can file on your behalf in a way that minimizes direct exposure.
What to Do With What You Receive
Immigration files can be hundreds of pages long and contain technical codes, agency shorthand, and records that are difficult to interpret without legal training. When you receive your file:
- Look for a Form I-213. This is the Record of Deportable/Inadmissible Alien, generated when someone is encountered by enforcement. What is recorded in this document — including any statements made at the time — matters in removal proceedings.
- Check entry and exit records for accuracy. Inconsistencies between your actual travel history and what CBP recorded can create problems. Errors are correctable, but you have to catch them first.
- Look for any removal or voluntary departure orders. These may be on file from years ago and may not have been formally resolved. An old removal order can have serious consequences for current or future immigration applications.
- Note any denied applications and the stated reasons. Understanding why a prior application was denied can shape how a new one is prepared.
- Bring the file to an immigration attorney. Even if you requested the file on your own, having an attorney review it before you make any immigration decisions based on it is worth the investment.
The Law Offices of Karen S. Monrreal assist clients with removal defense and complex immigration history cases throughout the United States. If you have received your immigration file and need help understanding what it means for your case, or if you want help requesting your records, call us at (775) 826-2380 or contact us online.
Frequently Asked Questions
What is an A-File?
An A-File, or Alien File, is the master immigration record USCIS maintains for each noncitizen. It contains every immigration application, enforcement encounter, entry record, and agency correspondence associated with your immigration history — the most comprehensive single source of what the government has on file about you.
How do I request my immigration file?
As of January 22, 2026, all USCIS FOIA requests must be submitted online at first.uscis.gov. For EOIR court records, use the Public Access Link at foia.eoir.justice.gov. For CBP records, use the DHS FOIA SecureRelease portal. Include your full name, date of birth, A-Number, and a signed identity verification with each request.
How long does an immigration FOIA request take?
Federal law requires a response within 20 business days, but actual document delivery is often much longer. Full A-File requests from USCIS can take several months to over a year. Expedited processing is available with documented proof of an upcoming immigration court hearing or other urgent circumstances.
Is it safe to file a FOIA request for my immigration file?
FOIA is a legal right for anyone. However, immigration attorneys have raised concerns that USCIS may share certain requests with ICE in some circumstances. If you have a prior removal order, enforcement history, or are undocumented, speak with an immigration attorney before filing.
What is the difference between an A-File and an EOIR record?
An A-File is held by USCIS under DHS and contains your full immigration application and enforcement history. An EOIR Record of Proceeding is held by the immigration courts under the Department of Justice and contains only your immigration court records. They are two separate files held by two separate agencies. Depending on your history, you may need both.
Why would I need my immigration file?
Your file may be essential for removal defense, correcting government errors, preparing for a naturalization or adjustment interview, understanding a prior removal order, or building a waiver or asylum case. Attorneys use A-Files to identify issues before they become problems at a hearing.
This article is general information, not legal advice. FOIA procedures and agency policies are subject to change. The information in this post reflects conditions as of May 2026. Verify all submission portals and requirements at each agency’s official website before filing. Contact an immigration attorney for guidance specific to your situation before making any decisions about requesting or acting on your immigration records.