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  1. #1
    Join Date
    Mar 2012
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    18

    Default If a FOIA Request Doesn't Turn Up Records of Deportation, Can You Assume None Exist

    My wife who is a Mexican citizen came to the USA in 2005, and has been here since except in 2009 she was "deported" and was caught 2 times trying to re-enter. She is here now, and we married last year. I talked to an attorney, and was told to check with USCIS and US Customs and Border Protection to see just what they have on her since we are not sure if her "deportation" was a voluntary departure or not. I sent in a FOIA request to both agencies, and they both sent back a letter stating that they have no records on her. She says that she was fingerprinted by Border Patrol, but they have no records on her whatsoever. She has no A number, so the request was sent in with her full name, and DOB, and I specifically gave them dates, and what border crossings to check. So, can I assume that we are now in the clear to apply for permanent residency since she has nothing bad on her record?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Foia Request Turns Up Nothing, in the Clear Now

    No, that's not a safe assumption at all.

    What is your attorney saying?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Foia Request Turns Up Nothing, in the Clear Now

    FOIA has a lot of holes in it. What you should have done is a Privacy Act request (normally filed with the same person). The privacy act allows you to get access to files on YOURSELF that often would be inaccessible by FOIA.

    However, even that isn't going to mean anything as Doggy says.

  4. #4
    Join Date
    Mar 2012
    Posts
    18

    Default Re: Foia Request Turns Up Nothing, in the Clear Now

    Have not contacted my attorney yet, wanted to get as much info here first, thanks for the quick replies!

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If a FOIA Request Doesn't Turn Up Records of Deportation, Can You Assume None Exi

    Quote Quoting Native2PS
    View Post
    My wife who is a Mexican citizen came to the USA in 2005, and has been here since except in 2009 she was "deported" and was caught 2 times trying to re-enter.
    If by "deported" you mean that she was picked up by immigration authorities and detained until a deportation order was issued or she agreed to voluntary departure, then that's going to be in USCIS records.

    As for being "caught 2 times trying to re-enter", if she was caught by U.S. authorities and turned back, that's also going to be in USCIS records.
    Quote Quoting Native2PS
    She is here now, and we married last year.
    So in terms of illegal reentry, the third time was the charm?
    Quote Quoting Native2PS
    I sent in a FOIA request to both agencies, and they both sent back a letter stating that they have no records on her.
    That could be due to a problem with the FOIA request or with records requests falling under FOIA exceptions. It could be because their records are under different name(s) or a different spelling(s) of your spouse's name, depending upon what she told the immigration officers at the time of her detention or due to simple clerical error.
    Quote Quoting Native2PS
    She says that she was fingerprinted by Border Patrol, but they have no records on her whatsoever.
    If they took her fingerprints, if the problem is a mismatch of names, after her biometrics appointment they may match her with the old record through her fingerprints.
    Quote Quoting Native2PS
    So, can I assume that we are now in the clear to apply for permanent residency since she has nothing bad on her record?
    No.

  6. #6
    Join Date
    Mar 2012
    Posts
    18

    Default Re: If a FOIA Request Doesn't Turn Up Records of Deportation, Can You Assume None Exi

    Interesting, because she is certain that she used her full name, the name that I used to request her records, and the DOB of course is the same, I assume that they check both name and DOB, and the letter from Border Patrol states that they did an "extensive records search", which probably means nothing, but like you said, it could be some kind of clerical error. Thanks for the response, I will be contacting my attorney to see what the next step is from here.............

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