USCIS launches online status check for Freedom Of Information Requests

The USCIS recently launched an online Freedom of Information Act (FOIA) case Status Check which allows applicants to check the status of requests they have made under FOIA by entering a control number which is received once the application is filed. The online system will indicate that an application is either ‘pending’ or ‘processed’. Go to the USCIS.gov website and type in FOIA in the search box in the upper right hand corner.  In the results, click on the first choice, entitled: FOIA Request Status Check. You’ll be taken to the page which allows you to type in your case number. Applicants without Internet access can still obtain information on their FOIA requests by calling the USCIS FOIA Requester Service Center at (816) 350-5785 from 7 a.m. to 2:15 p.m. (Central Time). FOIA requests are typically made in immigration cases when an immigrant does not have certain informational documents pertaining to an immigration case which was filed with the USCIS. FOIA responses typically take 4 months or more and generally include a copy of the applicant’s immigration case filing (competed forms and supporting documentation), but do not include I-797 Notices of Action, such as receipts or approval notices for immigration applications. Duplicates of Approval Notices must be obtained by filing form I-824. There is generally no procedure for obtaining a copy of an I-797 Notices of Action for a Receipt.

IMMIGRATION UPDATE

In our previous Immigration News, we discussed the problem of “aging out,” when children who turn age 21 lose immigration benefits.  As previously outlined, the USCIS has issued a new, more liberal interpretation of the Child Status Protection Act (CSPA - enacted in 2002), now providing more protection to some beneficiaries of immigrant petitions that turn age 21 before approval.  However, the new USCIS interpretation letter itself appears complicated and at times, contradictory, leading to confusion among immigration experts regarding how exactly the USCIS will apply the new interpretation. As the USCIS has begun adjudicating cases under the new interpretation, some of the main areas of confusion are becoming apparent, which may lead to federal litigation regarding how broad it’s application should be.
As a result, it is even more important than ever for children who have lost immigration benefits due to turning age 21, to have a determination of whether or not they are protected under the new interpretation of the law. Factors involved include determining which “preference category” the I-130 family immigration petition falls under (the preference category is determined by the relationship of the petitioner to the beneficiary, as well as the immigration status of the petitioner), the amount of time the I-130 petition was pending at USCIS, and the age of the child at the time a immigrant visa becomes available.  

Immigration Q&A

Question:  My wife and I have been permanent residents since 2001 and have both filed applications for Naturalization. We are awaiting our Citizenship interviews. We have our son, his wife and our two grandchildren living in Jamaica who are ready to immigrate to the U.S., so that we can see our grandchildren grow up. Our question is, since we are so close to getting our Citizenship, can we file the I-130 petition to start the process to sponsor them now? Also, how many years will it take before they can immigrate here? Also, can we apply for them all together, or we need to file a separate petition for each one?

Answer: Unfortunately, as Green Card holders, you cannot apply for your married children to immigrate to the U.S. until you actually become a U.S. Citizen. There is no immigration category for “Married” adult children of Permanent Residents (Green Card holders). You will be required to provide a copy of your Naturalization Certificate with the   I-130 petition to prove you are a U.S. Citizen. Permanent residents can only file petitions for their spouses, minor children and “Unmarried” adult children. The waiting time for a married child of a citizen will is taking about 8 - 9 years. Your son’s wife and children will be included in his petition. There is no need to file separate petitions for them. However, both you and your wife can each file a family petition for your son. Good luck!