How does USCIS handle FOIA requests for naturalization records of living persons?
Executive summary
USCIS processes FOIA requests for naturalization and A‑file records through its online FOIA system and the FIRST records system, prioritizing precise document requests and applying privacy protections that generally block release of living persons’ sensitive information without consent [1] [2] [3]. Requesters can speed results by asking for specific documents, using Form G‑639 or the online portal, and by supplying consent or proof of death when third‑party privacy issues arise; otherwise USCIS reviews records under FOIA exemptions, especially Exemption 6 for personal privacy [4] [3] [5] [6].
1. How USCIS accepts and routes naturalization FOIA requests
USCIS encourages online submission of FOIA/Privacy Act requests via its FOIA portal and processes them through the FOIA Immigration Records System (FIRST); paper mail is still accepted but online filing avoids postal delays and returned mail [3] [7] [1] [2]. Attorneys and accredited representatives may connect via USCIS’s FOIA API or use third‑party case management software integrated with the TORCH API platform to submit and manage requests [3].
2. Forms, specificity and the practical speed tradeoffs
Requesters are urged to be specific—asking for a named document (for example, a Certificate of Naturalization) usually moves a request faster than asking for an entire A‑file—because USCIS can more quickly locate and release discrete items [3] [4]. USCIS explicitly notes it processes precise records faster than whole‑file requests and recommends using the online portal to reduce processing time [3] [4].
3. Tracks, processing timeframes and fees
USCIS operates multiple processing tracks for A‑file material, and track selection depends on request complexity; practice advisories cite typical A‑file processing averages (about fifty days in one practitioner guide) although individual results vary and appeals extend timelines [8] [9]. Most individual immigration FOIA requests are free at initial submission and the statute allows agencies to charge for search and duplication beyond statutory free thresholds, though initial search time and limited pages are often exempt from fees [9].
4. Privacy rules that govern living persons’ naturalization records
When records concern living persons, USCIS evaluates disclosures under FOIA’s privacy protections—especially Exemption 6—and redacts or withholds information that would constitute an unwarranted invasion of personal privacy unless the subject consents or an overriding public interest is demonstrated [6] [8]. USCIS guidance and National Archives commentary stress that requesters seeking another person’s A‑file generally must supply that person’s signed consent, obtain proof of death, or justify public interest sufficient to overcome privacy protections [8] [10].
5. Consent, third‑party records and required documentation
For FOIA requests that target another living person’s immigration file, USCIS requires consent—commonly a signed release or sworn affidavit—to process many records; without consent, some forms (for example, I‑864 affidavits) cannot be released even if the requester submitted them originally [10] [8]. USCIS also notes that if all third parties named in a file are proven deceased, a file can be released without FOIA/Privacy Act processing delays tied to privacy review [5].
6. What’s in an A‑file and what USCIS may withhold
A‑files and naturalization records can contain applications (N‑400), supporting documents, arrival/departure records, certificates and correspondence; USCIS and other DHS components maintain that these materials are centrally held and subject to FOIA review and possible redaction for privacy or other exemptions [11] [1]. Agencies first search for records and then review them to determine what can be disclosed under the nine FOIA exemptions, with privacy and law‑enforcement exemptions most commonly implicated [6].
7. Alternatives, genealogy rules and older records
For historical naturalizations, genealogical requests and very old records may be best handled through USCIS’s Genealogy Program, the National Archives, or by contacting the court clerk where the naturalization occurred, since some records pre‑1906 or certain manifest records are outside USCIS FOIA holdings [12] [9] [13]. USCIS will return FOIA requests that are plainly genealogical with instructions to use Form G‑1041A or the Genealogy Program [14].
8. Practical tips and limits of available reporting
Practical guidance emerging from USCIS and practitioner guides is consistent: use the online portal or Form G‑639, be specific about documents, provide consent for third‑party records, and consider alternative record sources for old or genealogical material [4] [3] [9]. Reporting synthesized here is based on USCIS public guidance, DHS privacy assessments and practitioner materials; if policy or processing practices have changed since those documents were published, this account cannot confirm updates beyond the cited sources [2] [3].