Question: I have just been put into deportation proceedings and was issued the Notice to Appear. However, it would appear that I must have a copy of my file in order to give to my attorney to properly prepare my defense. However, I have heard that it is taking over 1 year to get the copy of the file. If I have to wait that period time, I could be deported already. What can I do?

Answer: You are correct. It has actually been taking over 16 months in many cases to get a copy of the file. This is known as the FOIA or Freedom of Information Request. However, there is now a new ‘fast track’ for persons in deportation proceedings to get a copy of their file.

Question: What must be done?

Answer: The Freedom of Information Act (FOIA) provides the general public an avenue to request access to a variety of public information from federal agencies. Like all federal agencies, U.S.

Citizenship and Immigration Services (USCIS) is required under the FOIA to disclose such records and information upon receiving a written request. USCIS receives approximately 110,000 requests annually for access to immigration records. Such information is normally releasable with the exception of records exempted by the Act (e.g., classified national security, business proprietary, personal privacy, investigative, etc.). Until February 2007, the agency used a two-track system to process all requests. Track One:

Routine requests; and Track Two: Complex inquiries that normally necessitate additional search and review time, and more time to prepare a final disclosure.

USCIS has just announced the establishment of a new path that certain individuals can use to access their immigration files. The Notice to Appear track, effective on March 30, 2007, was established for individuals scheduled to appear before an immigration judge. The new track allows for accelerated access to their Alien-file (A-file) if they request it through the FOIA process. To be placed in this new track, requesters (either the individual or the individual’s representatives) must include one of the following with their FOIA request: Notice to Appear (Form I-862); Order to Show Cause (Form I-122); Notice of Referral to Immigration Judge (Form I-863); or a written request of continuation of a scheduled hearing before the immigration judge. Individuals wishing to move their pending FOIA request to the new track must resubmit the request based on the above guidelines.

All FOIA requests must be submitted in writing. A FOIA/Privacy Act form (G-639) may be used; however, it is not required. A letter requesting access to existing records is all that’s needed. Each request must include a daytime phone number. Mail or fax requests

to: U.S. Citizenship and Immigration Services; National Records Center (FOIA/PA Office); P.O. Box 648010; Lee’s Summit, MO 64064-8010; (816) 350-5785 (fax).

It is unclear exactly how long the new procedure will take.

However, it is very welcome news that a fast-track deportation procedure is now in effect.

Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law by the California State Bar Board of Legal Specialization. He is admitted to the U.S. Supreme Court and the 1st, 2nd, 3rd, 4th, 5th, 6th, 8th, 9th, 10th and 11th Circuit Courts of Appeal. He is also admitted to the California Supreme Court. This firm handles cases both nationally and worldwide. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, citizenship, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554.

The Firm website is www.eimmigration.org.