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Usdhs Foia Instructions 2008

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OMB No. 1653-0030; Expires 11/30/08

G-639, Freedom of Information/
Privacy Act Request

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
NOTE: Please read all instructions carefully before completing this form. Applicants making false statements are subject to
criminal penalties (Pub. L. 93-579.99 Stat. [5 U.S.C. 552a(i)(3)]).

Are There Cases When You
Should Not Use This Form?

The envelopes containing your request should be clearly
marked "Freedom of Information" or "Privacy Act Request."

Do not use this form:

NOTE: Do not submit your FOIA/PA request to your local
USCIS office or Service Center.

1. To determine the status of pending applications. For status
inquires, write to the USCIS office where the application
was filed or call our National Customer Service Center at
1-800-375 5283.
2. For consular notification of a visa petition approval, use
Form I-824 (Application for Action on an Approved
Application or Petition).
3. For the return of original documents, use Form G-884
(Request for Return of Original Documents).
4. For records of naturalization prior to September 27, 1906,
write to the clerk of court where naturalization occurred.
5. For information on USCIS manifest arrivals prior to
December 1982, write to the National Archives.
6. To obtain proof of status (i.e., Social Security benefit,
Selective Service requirement).

Where Should USCIS FOIA/PA
Requests Be Submitted?
Depending on the type of record you are seeking, Freedom of
Information Act (FOIA) or Privacy Act (PA) requests should
be submitted by mail to the following locations:

What Information Is Needed
to Search for USCIS Records?
NOTE: Failure to provide complete and specific information
as requested in Number 5 of the form may result in a delay
in processing or USCIS' inability to locate the record(s) or
information requested. You may access www.uscis.gov for a
description of DHS/USCIS systems of records.

Verification of Identity in Person.
Requesters appearing in person for access of their records
may identify themselves by showing a document bearing a
photograph (such as a Permanent Resident Card, Form I-551;
Naturalization Certificate or passport) or two items that bear
their name and address (such as a driver's license and voter
registration card).

Verification of Identity by Mail.
Requesters wanting access of their records should identify
themselves by name, current address, date and place of birth,
and alien registration or employee identification number.

Alien Files -

A notarized example of their signature or sworn declaration
under penalty of perjury must also be provided. (This Form
G-639 or a U.S. Department of Justice Form 361,
Certification of Identity, may also be used).

National Record Center (NRC)
P. O. Box 648010
Lee's Summit, MO 64064-8010

Verification of Identity of Parents,
Guardians, Children or Other Persons.

Human Resources and
Procurement Records USCIS FOIA/PA
70 Kimball Avenue
South Burlington, Vermont 05403-6813
Remaining USCIS Records
and Border Patrol Records USCIS National Record Center
FOIA Division
P.O. Box 648010
Lee Summit, MO 64064-5570

Parents or legal guardians must establish their own identity as
parents or legal guardians and the identity of the child or other
person being represented.

Authorization or Consent.
Other parties requesting nonpublic information about an
individual usually must have the consent of that person on
Form G-639 or by an authorizing letter, together with
appropriate verification of identity of the record subject. A
notarized or sworn declaration is required from a record
subject who is a lawful permanent resident or U.S. citizen,
and for access to certain Legalization files.
Form G-639 (Rev. 11/13/06)Y

Can Your Request Be Expedited?

When Must You Submit the Fees?

To have your case processed ahead of other requests received
previously, you must show a compelling need for your request
to be expedited.

Do not send money with this request. When USCIS
instructs you to do so, submit the fees in the exact amount.

How Do You Show a Compelling Need?
A requester who seeks expedited processing must explain in
detail the basis of the need and should submit a statement
certified to be true and correct to the best of his or her
knowledge and belief. The requester must also establish that
one of the following situations exists:
1.

2.

Circumstances in which the lack of expedited
processing could reasonably be expected to pose an
imminent threat to the life or physical safety of an
individual, or
An urgency to inform the public about an actual or
alleged federal government activity, if made by a person
primarily engaged in disseminating information.

Payment may be in the form of a check or U. S. postal money
order. If the form is submitted from outside the United States,
remittance may be made on a bank international money order
or foreign draft drawn on a financial institution based in the
United States, made payable in U.S. currency to the "United
States Treasury."
A requester residing in the U.S. Virgin Islands should make
the remittance payable to the Commissioner of Finance of the
Virgin Islands; and, if residing in Guam, to the Treasurer,
Guam." Do not send cash at any time.
A charge of $30.00 will be imposed if a check in payment of
a fee is not honored by the bank on which it is drawn. Every
remittance will be accepted subject to collection.

Routine Uses.
Fees.
No fees are required until you are notified by USCIS during
the processing of your request.
Except for commercial requesters, the first 100 pages of
reproduction and two hours of search time will be provided
without charge. Thereafter, for requests processed under the
Privacy Act, there may be a fee of ten cents per page for
photocopy duplication.
Other costs for searches and duplication will be charged at the
actual direct cost.
Fees will only be charged if the aggregate amount of fees for
searches, copy and/or review is more than $14.00. If the total
anticipated fees amount to more than $250.00, or the same
requester has failed to pay fees in the past, an advance deposit
may be requested.

Information will be used to comply with requests for
information under Title 5 U.S. Code 552 and 552a.
Information provided to other agencies may be for referrals,
consultations and/or to answer subsequent inquiries
concerning specific requests.

Effect of Not Providing Requested Information.
Providing the information requested on this form is voluntary.
However, failure to furnish the informations may result in our
inability to comply with a request when compliance will
violate other policies or laws.

General Information.
The Freedom of Information Act (5 U.S.C. 552) allows
requesters to have access to Federal agency records, except
those exempted by the Act.

NOTE: If fees for a prior request are outstanding, we will not
honor future requests until all fees are paid.

Privacy Act Statement.

Fee waivers or reductions may be sought for a request that
clearly will benefit the public and is not primarily in the
personal or commercial interest of the requester. Such
requests should include a justification.

Authority to collect this information is contained in Title 5
U.S. Code 552 and 552a. The purpose of the collection is to
enable USCIS to locate applicable records and to respond to
requests made under the Freedom of Information and Privacy
Acts.

Form G-639 (Rev. 11/13/06)Y Page 2

Privacy Act of 1974 (5 U.S.C. 552a).
With certain exceptions, the Privacy Act of 1974 permits
persons (U.S. citizens or permanent resident aliens) to gain
access to information pertaining to themselves in Federal
agency records, to have a copy made of all or any part thereof,
to correct or amend such records, and to permit individuals to
make requests concerning what records pertaining to
themselves are collected, maintained, used or disseminated.
The Act also prohibits disclosure of any person's records
without their written consent, except under certain
circumstances as prescribed by the Privacy Act.

If you have comments regarding the accuracy of this estimate
or suggestions for making this form simpler, write to U.S.
Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529; OMB No.
1653-0030. Do not send your request to this office address.

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.

Use InfoPass for Appointments.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website at www.uscis.gov. Use the InfoPass
appointment scheduler and follow the screen prompts to set up
your appointment. InfoPass generates an electronic
appointment notice that appears on the screen. Print the notice
and take it with you to your appointment. The notice gives the
time and date of your appointment, along with the address of
the USCIS office.

Public Reporting Burden.
Under the Paperwork Reduction Act (5 U.S.C. 1320), a
person is not required to respond to a collection of
information unless it displays a currently valid OMB control
number.
We try to create forms and instructions that are accurate, can
be easily understood and that impose the least possible burden
on you to provide us with information. Often this is difficult
because some immigration laws are very complex.
The estimated average time to complete and file this
application is 15 minutes per response, including the time for
reviewing the instructions, searching existing data sources,
gathering and maintaining the data needed, and completing
and reviewing the collection of information.

Form G-639 (Rev. 11/13/06)Y Page 3

OMB No. 1653-0030; Expires 11/30/08

G-639, Freedom of Information/
Privacy Act Request

Department of Homeland Security
U.S. Citizenship and Immigration Services

NOTE: The completion of this form is optional. Any written format for a Freedom of Information or Privacy Act request is acceptable.
START HERE - Please type or print in black ink. Read instructions before completing this form.

1. Type of request: (Check appropriate box.)
Freedom of Information Act (FOIA). (Complete all items except Number 6.)
Privacy Act (PA). (Number 6 must be completed in addition to all other applicable items.)
Amendment. (PA only. Number 5 must be completed in addition to all other applicable items.)

2. Requester information.
Name of Requester:

Date (mm/dd/yyyy)

(Last, First and Middle Names)

Address (Street Number and Name):

Daytime Telephone:

Apt. Number:
State:

City:

Zip Code:

By my signature, I consent to the following:
Pay all costs incurred for search, duplication and review of materials up to $25.00, when applicable. (See Instructions.)
Signature of requester:
Deceased Subject - Proof of death must be attached. (Obituary, Death Certificate or other proof of death required.)

3. Consent to release information. (Complete if name is different from Requester). (Numbers 7 and 8 must be completed.)
Print Name of Person Giving Consent:

Signature of Person Giving Consent: (Original signature required.)

By my signature, I consent to the following: (Check applicable boxes.)
Allow the Requester named in Number 2 above to review:

All of my records, or

A portion of my records. (If a portion, specify
below what part, i.e. copy of application.)

(Consent is required for records of U. S. citizens (USC) and Lawful Permanent Residents (LPR).

4. Information needed to search for record(s).
Specific information, document(s) or record(s) desired: (Identify by name, date, subject matter and location of information.)

Purpose: (Optional: You are not required to state the purpose of your request. However, doing so may assist USCIS to locate
the records needed to respond to your request.)

5. Data needed on subject of record. (If data marked with an asterisk (*) is not provided, records may not be located.)
* Family Name:

Given Name:

Middle Name:

* Other names used, if any:

* Name at time of entry into the U.S.:

* Alien Registration Number: (A#)

* Petition or Claim Receipt #:

* Country of Birth:

I-94 Admission #:
* Date of Birth (mm/dd/yyyy)

Names of other family members that may appear on requested record(s) (i.e., Spouse, Daughter, Son):
Father's Name

First

Middle

Last

Mother's Name

First

Middle

Last (Include Maiden Name)

Form G-639 (Rev. 11/13/06)Y

Country of Origin: (Place of Departure)

Port-of-Entry Into the U.S.:

Date of Entry:

Manner of Entry: (Air, Sea, Land)

Mode of Travel: (Name of Carrier)

U.S. Social Security Number:

Name on Naturalization Certificate:

Certificate #:

Address on Date of Naturalization:

Court and Location:

Naturalization Date:

6. Verification of subject's identity: (See Instructions for explanation. Check one box.)
In-Person With ID

Notarized Affidavit of Identity

Other (Specify)

7. Signature of subject of record:
Date:

(Original signature required)

Telephone No.: (

)

8. Notary: (Normally needed from persons who are the subject of the record sought or for a sworn declaration under penalty of perjury. See
below.)

Subscribed and sworn to before me this

Day of

in the Year
My Commission Expires on

Signature of Notary
OR

NOTE: If a declaration is provided in lieu of a notarized signature, it must state at a minimum the following: (Include Notary Seal or Stamp
in the appropriate space below.)

Executed outside U.S.

Executed in U.S.

If executed outside the United States: ''I declare (certify,
verify or state) under penalty of perjury under the laws of
the United States of America that the foregoing is true and
correct.

If executed within the United States, its territories, possessions or
commonwealths: ''I declare (certify, verify or state) under penalty
of perjury that the foregoing is true and correct.

Signature:

Signature:

(Seal/Stamp)

(Seal/Stamp)
Form G-639 (Rev. 11/13/06)Y Page 2

 

 

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