FOIA and Privacy Act

ICE Releases Secure Communities Standard Operating Procedures

ICE released the 2009 ICE Secure Communities Standard Operating Procedures document for Secure Communities, an initiative making the removal of aliens convicted of serious criminal offenses from the US a priority.  This document describes processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.

Team Notes: 
AILA Doc. No. 09110669
Immigration Law : 
Agency: 

What to do About Past Immigration Problems Causing a Current Visa Denial?

I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018.
I was asked if:
1) How I didn't think it was weird that there were no classes?
My response - Well yes, that's why I left after a year
2) So what did you do for a year?
My response - waited on more information from the university regarding class timings, and just kinda hung around
3) I was pressed on what I did when I was hanging around, how I paid for things
My response - I worked during that time

The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial.
I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.
What are my options ahead? Should I:
1) Re-apply and give it another shot?
2) Wait to become a Canadian citizen, then apply?
3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?
4) Hire a lawyer to fight this in court as being unfair.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Expands FIRST: A Fully Digital FOIA System

WASHINGTON— USCIS is announcing the expansion of its digital Freedom of Information Act (FOIA) Immigration Records System (FIRST). FIRST is the only system in the U.S. government that allows users to submit and track FOIA requests and receive documents digitally. This process will save time, improve efficiency, and reduce potential errors that can occur with manually handling paper.

Team Notes: 
Immigration Law : 
Agency: 
Substantial transcription for video: 

Topics of Discussion: Oct 11, 2018

Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee

USCIS to Implement Online Processing of FOIA Requests

U.S. Citizenship and Immigration Services (USCIS) today announced the launch of our Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online. Before this change, USCIS only accepted FOIA requests by mail, fax, and email, and requesters typically received their documents on a compact disc by mail.

Team Notes: 
Immigration Law : 
Agency: 
Substantial transcription for video: 

Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A; 
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.

Obtaining copies of approval notice and other documents through FOIA

1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/H_VV9kV_lOg?t=1610

FAQ Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.

Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.

Freedom of Information Act (FOIA) App by DHS

By conveying the online request process to mobile devices, requesters can submit requests and check the status of existing requests anyplace, anytime.  The mobile capabilities of the eFOIA app will greatly enhance the user experience, and provide convenience for the requester community. 

Team Notes: 
Immigration Law : 
Agency: 

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