Federal Agencies, Agency Memos & Announcements

CBP FOIA Office FAQs

5/7/14 AILA Doc. No. 14050700. Admissions & Border
FOIA Q&As
  1. How do I submit a FOIA request? The most expeditious way to submit a FOIA request is to submit it electronically. To submit electronically, click on the following link https://foiaonline.regulations.gov/foia/action/public/home and create a FOIAonline account. FOIAonline is user-friendly - simply follow the prompts to create an account and make a FOIA request. Submitting a FOIA request online is the preferred method (vs. postal mail/fax) for several reasons:
    1. You will immediately receive a unique FOIA tracking number and acknowledgment that your FOIA request was received by CBP.
    2. You will be able to track your FOIA request any day/any time through your FOIAonline account.
    3. You will receive an email to retrieve responsive records or document via your FOIAonline account, when records or documents become available.
    4. You can view all of your historical FOIA requests via the "dashboard" in your FOIAonline account.
  2. Can I submit a FOIA request to receive travel history information to apply for U.S. Citizenship? It is common for individuals to submit a FOIA request to receive travel history records when applying for U.S. citizenship (Application for Naturalization, From N-400). Please note that the USCIS N-400 Form (Application for Naturalization) requires you to record your time outside the United States during the last 5 years only. Your travel history information for this form can be retrieved from your official passport - you do not need to submit a FOIA request unless you do not have possession of your passport.
  3. As a nonimmigrant U.S. visitor, how can I access my I-94 arrival/departure records and my arrival/departure history? A nonimmigrant U.S. visitor can now go to the cbp.gov website to access their I-94 arrival/departure record and arrival/departure history records going back five years from the request date. This electronic travel-history function means that travelers may no longer need to file a FOIA request to receive their arrival/departure history, greatly speeding their process. When you visit http://www.cbp.gov/travel/international-visitors/i-94-instructions you can retrieve your I-94 arrival/departure record number and five-year travel history by entering your name, date of birth, and passport information. Clicking on "Get Most Recent I-94" will return the I-94 number, most recent date of entry, class of admission and admit-until date. The information does not reflect changes of status, extension of stay or adjustments of status granted by U.S. Citizenship and Immigration Services. Clicking on "Get Travel History" will return a five-year travel history based on the I-94 records. If you have an existing FOIA request for travel history, we ask that you cancel your pending FOIA request if the information you receive satisfies that FOIA request. To cancel your FOIA request, please add your FOIA request number in the box where asked and click on the "Request FOIA Cancellation" button. Please also log into your FOIAonline account and click on the Withdraw button. The CBP INFO Center offers questions and answers for I-94 or you may call them at 1-877-227-5511. Please note if you have lost a paper form I-94 that was issued prior to the online system and the record is not available online, the traveler can file a Form I-102, Application for Replacement/Initial Non-Immigrant Arrival-Departure Document, with U. S. Citizenship and Immigration Services.
  4. Can I submit a FOIA request to receive records in my Alien File (A-File)? FOIA requests for copies of A-File records should be submitted directly to U.S. Citizenship and Immigration Services (USCIS), for processing. A-Files are maintained by the National Records Center (NRC), under U.S. Citizenship and Immigration Services (USCIS), and contain records of any active case of an alien not yet naturalized. A-Files may include visas, photographs, affidavits, and correspondence leading up to an alien's naturalization, permanent residency, or deportation. To file a FOIA with USCIS go to uscis.foia@uscis.dhs.gov or contact U.S. Citizenship and Immigration Services, National Records Center, FOIA/PA Office, P. O. Box 648010, Lee's Summit, MO 64064-8010.
  5. How will I receive records to my FOIA request? Once you have set-up a FOIAonline account (at https://foiaonline.regulations.gov/foia/action/public/home), you will receive an email from the CBP/FOIA office that notifies you that records are available via your FOIAonline account. Ensure when setting up your FOIAonline account that you use the exact same email address that you provided in your original FOIA request.
  6. Can my FOIA request be expedited? In general, agencies must respond to a FOIA requests in the order they are received. A FOIA request can only be expedited if failure to obtain the requested records will pose an imminent threat to the life or physical safety of an individual, or if there is an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information.
  7. Why is it taking so long to receive records to my FOIA request? CBP receives a high volume of FOIA requests, and while we are constantly striving to improve service to our customers, you can assist by creating and sending your FOIA request via your FOIAonline account. You can also assist by not filing multiple duplicate FOIA requests because you have not received a response to your original request. We appreciate your cooperation and continued patience as we work to reduce the FOIA backlog.
  8. Can I get a copy of the CBP Background Investigation (BI)? Yes, by submitting a FOIA request, individuals may get their CBP Background Investigation (for pre-employment or re-investigation). The only releasable records are the CBP Report of Investigation and the Polygraph Summary Report, providing a Polygraph test was taken.
  9. How do I submit a FOIA Appeal? Under the FOIA, you have the right to appeal an adverse determination denying your request. Your appeal should include as much or as little information as you wish as long as it clearly identifies the determination that you are appealing. For the best possible handling, you should provide detailed information supporting why you believe additional records exist or why certain information should not be withheld. You may file an appeal via your FOIAonline account by viewing your FOIA requests and clicking on the FOIA request you want to appeal, then press the bottom tab "Appeal this FOIA Request", and complete the "Basis for Appeal" information and submit. You may also send your appeal within 60 days of the date of your final response letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street-10th Floor, NE, Washington, D.C. 20229-1177.
  10. Will a FOIA request answer a question or concern I have related to an experience I had when entering the United States? Submitting a FOIA request will not answer a question or address a complaint. A FOIA request provides you with an agency "record". FOIA does not require agencies to create records, answer questions, or explain information found in those records. If you wish to file a complaint about how you were processed by CBP upon entering the United States, you can go to cbp.gov, "Contact Us", then click on the question mark located in the "Find answers at the CBP Info Center", then click on "Submit a Complaint" and follow the prompts.
  11. Will a FOIA request address the reason why I was delayed or denied entry when entering the United States? Submitting a FOIA request will not answer questions related to the reasons you were delayed or denied entry into the United States. You may contact DHS TRIP, to file a complaint or apply for redress at www.dhs.gov/dhs-trip. DHS TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs-like airports and train stations-or crossing U.S. borders, including: if you experience repeated referrals for security screenings or believe you have been denied boarding or entry into the U.S. because of inaccurate information in a law enforcement database, or because you may have been misidentified as someone who is a concern to U.S. authorities.
  12. How can I search for FOIA records (CBP FOIA Reading Room)? Many CBP records are available by going to FOIAonline (https://foiaonline.regulations.gov/foia/action/public/home) and using the "Search" button and "Search Criteria" (to type in the specific name of a document or type the words "Reading Room" to view all CBP posted documents), and selecting the agency U.S. Customs and Border Protection.
  13. Where can I get more information on FOIA? For more information on the Freedom of Information Act (FOIA), to include Frequently Asked Questions, go to the United States Department of Justice website at www.foia.gov/about.html.

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