How to File a USCIS FOIA Request for Your Immigration File (A-File) as an F-1, H-1B or H-4 Holder

Since January 2026 your USCIS file must generally be requested online through FIRST, and how you scope the request decides what comes back and how fast.

Part of our guide to the H-4 EAD.

To file a USCIS FOIA request for your own immigration file (your A-file), sign in to a free USCIS online account, open USCIS FIRST, choose a request for your own records, describe what you want, verify your identity and submit. USCIS emails you when there is an update, and released records appear as downloads in the same account. As of November 1, 2026, online filing is the rule: a DHS final rule in effect since January 22, 2026 ended mailed, emailed and faxed requests except in limited cases such as incarceration. There is no fee to file, and USCIS publishes no fixed processing time.

Status line, as of 2026-11-01. In effect: online-only submission under 90 FR 59945. Scheduled: electronic fee payment through pay.gov, effective 2026-11-30 under 91 FR 68447. Unchanged: the FOIA's 20-working-day decision standard and the free fee allowances in 6 CFR 5.11. USCIS last updated its FOIA request page on 2026-10-30.

How do I request my immigration file from USCIS?

You make a USCIS FOIA request online through FIRST while signed in to your own USCIS account. Choose "your own immigration record," describe the records, give your full name, current address and date and place of birth, and submit. One request covers one person. USCIS sends a receipt with a FOIA control number and posts any released records to your account.

FIRST uses the same individual account you may already have from an OPT or I-539 case; our walkthrough on setting up a USCIS online account covers sign-up. USCIS links many records to your Alien Registration Number, which is the USCIS# on an OPT or H-4 EAD card; see what an A-Number is and where to find it. If you have never been issued one, there may be no A-file under your name, so you ask for your applications and petitions by receipt number instead.

FOIA or Privacy Act? For an F-1, H-1B or H-4 holder, FOIA. The Privacy Act's rights belong to an "individual," which 5 U.S.C. 552a(a)(2) defines as "a citizen of the United States or an alien lawfully admitted for permanent residence." You still get your own file under the Freedom of Information Act. It gets you copies, not corrections; fixing a wrong record is a separate process with the agency that made it.

What changed in 2026: paper requests vs online requests

Paper is out unless you genuinely cannot file online. The December 2025 rule says "DHS and its components will generally no longer accept FOIA or Privacy Act/JRA requests mailed to the DHS Privacy Office, or other DHS components, or via fax or email." The exception: DHS FOIA public liaisons "may facilitate, in limited circumstances (e.g., incarceration), an alternative method" for people who cannot file electronically. For USCIS, the rule's contact list gives [email protected] (or the Contact Center at 800-375-5283) for questions about submitting a request.

USCIS FOIA submission rules, as of 2026-11

How to file a USCIS FOIA request in FIRST, step by step

1. Check the USCIS Electronic Reading Room first if you want a policy document rather than your own file; USCIS posts records requested three or more times.
2. Sign in to your USCIS online account and open USCIS FIRST. If an attorney requests your file for you, ILRC reports that they use their own USCIS account and you confirm your details under penalty of perjury; nobody needs your password.
3. Select the request type for your own immigration record. USCIS says "we cannot process combined requests," so an H-1B worker and an H-4 spouse each file separately, as does each child.
4. Describe the records: the entire A-file, or named documents with form numbers, receipt numbers and approximate dates. ILRC reports that FIRST offers a list of record types, and that for the whole file practitioners tick "Other" and write "entire A-file."
5. Answer the immigration-court question accurately. With a scheduled hearing, upload proof (Form I-862, I-122, I-863, or an EOIR continuance notice or ACIS printout); USCIS says it will prioritize the request.
6. Enter the required identity details: full name, current address, and date and place of birth. Add optional identifiers, such as your A-Number or parents' names, only if you are sure they match your records exactly.
7. Submit the request and save the receipt with its FOIA control number; you need it for every status check.
8. Reply within 30 working days if USCIS asks for more information, in the same medium it used (email or portal message). Under 6 CFR 5.3(c), a request with no timely reply may be administratively closed, though you can file a new one.
9. Download released records from your USCIS online account when USCIS emails you, and keep a full offline copy, including the cover letter.

Why optional identifiers can backfire

USCIS uses voluntary identifiers only when the required ones are not enough, and they must line up: an A-Number "must match the information contained in the records," and so must both parents' first and last names (some variations, such as a maiden name, are allowed). If USCIS still cannot identify the file, "we may close the request for failure to reasonably describe the records sought." The Immigrant Legal Resource Center's September 2026 practice advisory reports closures over name variations, inverted dates and parent-name inconsistencies. A blank optional field beats a guess.

Should you ask for your full A-file or specific documents?

Ask for the full A-file when you need your whole history and don't know what's in it. Ask for named documents when you need one item sooner. Under 6 CFR 5.5(b), DHS components may run separate tracks for simple and complex requests, must tell you which track you're in, and "when appropriate" must offer you a chance to narrow. Practitioners quoted by ILRC say requests for a specific document "are much more likely to be timely processed than larger volume requests."

What you will and will not get back

USCIS releases what FOIA allows and withholds the rest under its exemptions. Information about other people in your file is reviewed under FOIA exemptions (b)(6), (b)(7)(C) and (b)(7)(F), among others, so expect some redactions. Your account then shows "Records Available" or "Records Not Available," and the second can mean your request "contained errors," in which case you make a new one.

Common misconception: "My A-file will have my I-94, my visa refusal and my SEVIS record." Correction: USCIS says Forms I-94 "are rarely maintained within an individual's USCIS Alien File (A-File)," and it points visa, student and exchange visitor, and border records to other agencies (USCIS FOIA page, updated 2026-10-30).

Which agency holds which record, as of 2026-11

For travel history, see our guide to a CBP FOIA request for your travel history; a wrong I-94 is fixed through the I-94 correction process, not FOIA. On F-1 or OPT, your DSO can see your SEVIS record today, so start with checking your SEVIS status before filing with ICE.

How long does a USCIS FOIA request take?

USCIS publishes no fixed processing time. The FOIA requires an agency to "determine within 20 days (excepting Saturdays, Sundays, and legal public holidays)" whether to comply (5 U.S.C. 552(a)(6)(A)(i)). DHS can add 10 working days for "unusual circumstances" with written notice; anything longer means offering you a chance to narrow the request or agree to a different timeline (6 CFR 5.5(c)).

ILRC reports that practitioners see "very long wait times," frequent rejections and over-redaction since 2025. For context, ILRC describes Nightingale v. USCIS (N.D. Cal. No. 19-03512, 2020-12-17), an American Immigration Council class action in which the court required the agencies to meet the 20-day deadline and USCIS to file quarterly compliance reports; ILRC says that order remains in effect. Check your status in FIRST with your control number.

Can you speed it up? USCIS prioritizes requests with proof of a scheduled immigration-court hearing. Separately, 6 CFR 5.5(e)(1) allows expedited processing for a few grounds, including an imminent threat to life or safety and "the loss of substantial due process rights." You must explain the basis in a statement certified as true and correct, and the component must decide within 10 calendar days (5.5(e)(3)-(4)). Whether your facts fit is a question for your attorney.

Worked timeline: a request filed Monday, November 2, 2026

The dates are our arithmetic, counted from the day after submission and skipping Veterans Day (11-11) and Thanksgiving (11-26). A determination is not always delivery: 6 CFR 5.6(c) says records go out "promptly upon payment of any applicable fees."

Is there a fee for a FOIA request?

There is no fee to file. A request "shall be considered a firm commitment to pay all applicable fees charged under § 5.11, up to $25.00, unless you seek a waiver of fees" (6 CFR 5.11(a)). For anyone who is not a commercial requester, 6 CFR 5.11(d) gives the first 100 pages and the first two hours of search free, and charges nothing if the remaining total is $14.00 or less.

Payment today is by check or money order to the Treasury; from 2026-11-30, 91 FR 68447 adds electronic payment through pay.gov (scheduled). ILRC writes that costs "are very rarely assessed" except for very voluminous requests, but the DHS FOIA page (updated 2026-09-08) says that beginning September 1, 2026, requesters "will see an increase in charging fees for some record categories when the Department can process within the statutory time frames." It does not name the categories. Timeliness matters here: under 6 CFR 5.11(d)(2), a component that misses the FOIA time limits generally may not charge search fees. Either way, unless you agreed in advance to pay more, you get notice with a breakdown before any fee over $25 (5.11(e)).

When does a visa holder need a FOIA before a new filing?

When the next filing depends on history you can't document yourself. It is not a routine step for every H-1B extension or OPT application. ILRC describes a FOIA as a way to "piece together their immigration history, assess the risk of applying for a current immigration benefit." Raise it with your attorney if any of these apply:

• A prior denial you never saw the full record of. If you're facing a denied H-1B transfer petition, that case file and earlier ones are what an attorney will want.
• An old status gap, late extension or reinstatement.
• A petition from an earlier employer whose I-129, I-140 or notices you never received.
• A green-card filing ahead with lost notices; our green card on H-1B guide explains the stages.
• Inconsistent biographic data, such as a name or birth date that differs across documents.

In our reading, two 2026 policies raise the cost of surprises in your history. USCIS's PA-2026-05, in effect since 2026-08-05 and challenged in AAUP v. Mullin (filed 2026-10-05), lets officers deny a benefit request without first issuing an RFE or NOID when required initial evidence is missing (policy alert). DHS has also proposed removing deference to prior USCIS eligibility determinations (91 FR 65119, published 2026-10-14, RIN 1615-AD26); comments close 2026-11-13 (check the Federal Register for the outcome after 2026-11-13). Today's deference policy still applies.

Who to ask: an immigration attorney decides whether your case needs a FOIA and reads the result; your DSO handles your SEVIS record, OPT and I-20; the USCIS FOIA Program email above answers FOIA questions only; questions about a pending application go to the USCIS Contact Center at 800-375-5283.

If USCIS says "Records Not Available" or redacts your file

You can appeal. Your determination letter explains how, and under 6 CFR 5.8(a) an appeal is due within 90 working days of the response. You can challenge an exemption, an inadequate search, an incomplete response or a fee error. ILRC reports that appeals also run long, usually many months past the 20-day mark. The Office of Government Information Services (OGIS) offers mediation between requesters and agencies. If "Records Not Available" came from an error in your request, USCIS says you will need to make a new request.

Common mistakes

• Mailing a G-639. Paper is generally not accepted since 2026-01-22.
• Asking USCIS for records it doesn't hold. I-94s go to CBP, SEVIS records to ICE, visa refusals to State.
• Combining family members. One request per person.
• Guessing optional identifiers. A mismatched A-Number or parent's name can close the request.
• Missing a request for more information. You have 30 working days to reply.
• Expecting FOIA to fix a record. It gives copies; corrections go to the agency that erred.
• Reading "Records Not Available" as a clean history. It can mean your request had an error.
• Assuming the file will arrive in time. No processing time is published, and practitioners report long waits.

Frequently asked questions

How do I request my immigration file from USCIS?

Sign in to a free USCIS online account, open USCIS FIRST at first.uscis.gov, choose a request for your own immigration record, describe the records, give your full name, current address and date and place of birth, and submit. As of November 1, 2026, online filing is required under a DHS rule in effect since January 22, 2026, and released records are downloaded from the same account.

How long does a USCIS FOIA request take?

USCIS publishes no fixed processing time. The FOIA sets a 20-working-day deadline for the agency's determination, which DHS can extend by 10 working days in unusual circumstances, but practitioners report much longer waits since 2025. Track your request in FIRST with the FOIA control number from your receipt.

Is there a fee for a FOIA request?

There is no fee to file. Under 6 CFR 5.11, non-commercial requesters get the first 100 pages and first two hours of search free, nothing is charged if the remaining fee is $14 or less, and DHS must tell you before charging more than $25 unless you agreed to pay more. DHS says that from September 1, 2026 it is charging fees more often for some record categories when it meets the legal deadlines, and pay.gov payment is scheduled to be added on November 30, 2026.

Should I ask for my full A-file or specific documents?

Ask for the full A-file when you need your whole history, for example before a green-card filing. Ask for named documents, with form numbers, receipt numbers and dates, when you need one item quickly. A September 2026 ILRC advisory reports that practitioners find narrow requests much more likely to be processed on time. If you have never been issued an A-Number, identify your filings by receipt number.

When does a visa holder need a FOIA before a new filing?

Consider one when you have a prior denial, a gap in your status history, a petition an earlier employer filed that you never saw, or a green-card filing ahead with no copies of old filings. It is not a routine step for every filing. An immigration attorney decides whether your case needs one, and your DSO handles SEVIS questions.

Sources

• USCIS, Request Records through the FOIA or Privacy Act (updated 2026-10-30); USCIS FIRST
• DHS, 90 FR 59945 (effective 2026-01-22) and 91 FR 68447 (effective 2026-11-30)
• DHS FOIA regulations, 6 CFR part 5 (sections 5.3, 5.5, 5.6, 5.8 and 5.11)
• 5 U.S.C. 552 and 5 U.S.C. 552a
• DHS FOIA (updated 2026-09-08), ICE FOIA, CBP FOIA, State Department FOIA, OGIS
• ILRC, FOIA Requests at DHS: Overview and Updates from 2025-2026 (September 2026; practitioner reports)

How we checked this: we read the USCIS and DHS FOIA pages, both DHS final rules, 6 CFR 5.3, 5.5, 5.6, 5.8 and 5.11 (eCFR, current to 2026-10-29), 5 U.S.C. 552 and 552a, and the ILRC advisory on 2026-11-01.

This is general information, not legal or tax advice; your own notices, I-94 and I-20, and your attorney or DSO, govern your situation.

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