Commandment #6 of Applying for Naturalization: Thou Shall Go Back to Your Roots

Not remembering important information can complicate an applicant's naturalization application.  This is especially true when dealing with issues of eligibility.  That's why having a copy of one's  "A file" has become increasingly more important. The "A file" is basically a person's record maintained by the U.S. Citizenship and Immigration Services (USCIS). Once created, it contains all immigration records for that particular person.  Recently I wrote about the Five Benefits of Having a Copy of Your "A File" from USCIS or the Immigration Court through a FOIA Request.   I encourage readers to review that post for some practical information.

Take for example the case of an applicant who obtained Lawful Permanent Resident (LPR) status through an employment-based petition.  The answers to the questions that USCIS may have can get complicated when considering the passage of time, promotions, employers with subsidiaries, change of ownership, and other factors.  Some questions could be:

• What was the original title for the position?
• What were the duties?
• What were the minimum requirements for the position?
• Did the position require the supervision of any workers?
• Who signed the petition?

USCIS wants to ensure that all eligibility requirements were met at the time of adjudication.  However, since in all likelihood at least five (usually more) years have passed since the original petition was filed with the U.S. Department of Labor and USCIS, the applicant should have at least reviewed those old files to refresh his or her memory.

Applicants should come to the interview prepared to address potential concerns that the adjudicating officer may have.  If the applicant obtained LPR status through employment, then the applicant should bring documentation showing that the applicant continues to work for the same company. This evidence could include tax returns, W-2s, pay stubs, and a letter of employment.  If the applicant is no longer employed by the sponsoring company, then the applicant should come prepared to show the time he or she was actually employed by the company.     

The general rule of thumb is that if an applicant has changed to a different employer (or changed spouse's for that matter) within one year of obtaining their LPR status (based on that relationship), they should come prepared to show the legitimacy of the employment or marriage relationship. The closer the severing of the relationship is from the time of LPR grant, the more likely it is that questions will be asked.  It's important to keep in mind that an application for naturalization gives USCIS a fresh opportunity to review the applicant's file in its entirety - not just the naturalization or citizenship application.

Five Benefits of Having a Copy of Your "A File" from USCIS or the Immigration Court through a FOIA Request

Obtaining a copy of your "Administrative" or "A" file from the U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) has many benefits.  As most of our readers know, USCIS is part of the U.S. Department of Homeland Security and it is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.  The Immigration Courts are a component of EOIR under the U.S. Department of Justice.

The request for a copy of the A-file is done through a Freedom of Information Act (FOIA) request. The "A file" is basically a person's record maintained by USCIS (and legacy INS) since at least 1955. Generally speaking each individual should have only one A-file.  The A-file is created when action is required for a particular individual. This "action" can include for example petitioning for an immigrant visa, requesting an immigration benefit, the initiation of removal proceedings, or submitting an adjustment of status petition.  The A-file can also be created at "any other time a case file is needed". Once created, it contains all immigration records  for that particular non-citizen applicant.

I'm not very fond of the word "alien" so I use "non-citizen applicant" instead.  In all fairness to our friends at USCIS, the term "alien" is actually a statutory term defined in the Immigration and Nationality Act (INA).  INA section 101(a)(3) defines an "alien" as any person not a citizen or national of the United States.

Although there are many reasons why an applicant should have a copy of his or her A file, here are some:   

• It helps you determine whether or how to proceed with an application. In some cases the A file will reveal facts that may have not been disclosed previously or were simply forgotten.  Some of the information contained in the A file may affect eligibility for the benefit desired, or may affect where and how the application has to be submitted.
• It will help you see what the immigration officer is seeing.  The A file will have the documents you submitted and those that others have submitted on your behalf.  The interviewing officer will be making his or her decision in part by what's in the record. It's important that the applicant also know what's in the file.
• It helps you prepare.  By knowing what you have in the file, you can prepare adequately for an interview and anticipate issues that may be addressed.  In some cases many years have passed since the original A file was created and it's important to review the file. 
• It helps you determine eligibility. In some cases obtaining a copy of the A file will help determine eligibility for the relief sought such as a Motion to Reopen or assist in documenting an application for relief.
• It's free (for the most part). Most requests have no fees associated with them (unless the records are voluminous or take several hours to research).

Keep in mind that each agency has different procedures on how they handle FOIA requests.  Because every agency has different FOIA procedures, Customs and Border Protection and Immigration and Customs Enforcement should be contacted separately.  Below is some information on how to submit a FOIA request with USCIS and EOIR. 

• USCIS.  Utilize Form G-639.  USCIS' website has a lot of useful information that will assist you in preparing and submitting the application. 
• EOIR (Immigration Court).   The request should be made in writing to EOIR. The request should have some information such as a description of the records sought, the applicant's name, "A number", and the date and court location of the proceedings.  A Certification of Identity (Form DOJ-361) may also be required.   For more information please review EOIR's Fact Sheet on FOIA requests. 

Done with time, the results of a FOIA request can be a very useful tool.  Keep in mind that FOIA requests take several months to process. Submitting the request as early as possible is the way to go.

Requesting Return of Original Documents from USCIS

Applicants should not submit original documents to the U.S. Citizenship and Immigration Services (USCIS) in support of an application or petition. If original documents such as passports or birth and marriage records were submitted however, USCIS provides a way to get those documents back.  To request that an original document be returned, Form G-884 should be submitted.

A few things to keep in mind when submitting the application:  

• The application requires a notarized signature;
• A copy of two identity documents must also be submitted;
• No filing fee is required; and
• The application should be filed with the USCIS office or service center that is currently processing the case, or, if a final decision has been issued, Form G-884 should be submitted to the USCIS office or service center that took the last action on the case.  The name and address of the USCIS office that adjudicated or is adjudicating the case will normally be on the bottom left-hand corner of the latest Notice of Action or receipt notice.

Additionally, be sure to specify what documents are specifically being requested along with any additional information that might assist USCIS in locating the file and the specific document requested. If requesting documents from a file not relating directly to the applicant, additional documents such as proof of the relationship or a power of attorney may be required.  

On a different post we will cover the benefits and the how to's of obtaining a copy of an applicant's "A-File" from USCIS through the use of a Freedom of Information Act (FOIA) request on Form G-639.