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How can I check an immigration record?
Anonymous6 views8 answers
My cousin was detained when entering the U.S. with a permit to shop belonging to someone else in San Ysidro CA 20 years ago. He never gave his real name, but was fingerprinted and detained, eventually released back to Mexico. Now 20 years later he was approved for parole in place for military family. Does this mean this detention and misrepresentation slipped through the cracks and he can be discovered upon filing the I-485? or does Parole in Place legitimize his stay now so that he can go about applying without worry of being discovered?
a FOIA will likely yield this information. If he made a false claim to U.S. citizenship this will be a problem at the time of adjustment and cannot be waived.
There are two things that your cousin should do to obtain his records. First, he should complete a Freedom of Information Act (FOIA) request (the form can be found here: http://www.uscis.gov/sites/default/files/files/form/g-639.pdf). The process will take several months unless he is in removal proceedings, in which case attach a copy of the Notice to Appear in immigration court with your request to speed it up. Next he should obtain a copy of his FBI background check. He can accomplish this by requesting an "Identity History Record Request" (more info can be found here: https://www.fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbi). The background check costs $18, and you will have to ask your local police department for the procedure and cost of asking the police to take his fingerprints. My local police department in White Plains, NY does this for $25, but they only conduct civilian fingerprinting during a few hours per week. My local police department does not care why you are asking for the fingerprints and my clients, even undocumented clients with criminal records, have never had an issue obtaining civilian fingerprints.
Your cousin can file a FOIA and obtain the information which he will need before the FORM I-485 is filed. If he falsely claimed to be a U.S. citizen, he will not adjust.
Your indication of "permit to shop" may indicate this was a border crossing card. If this is the case then the permanent bar would not apply. However you are strongly encouraged to obtain a FOIA. Please note that it must be sent to the CBP.
I recommend that you file for a freedom of information Act with form G-639 to obtain the records. If he recalls the alias name he used when he entered the United States, than I recommend he includes the information in the form. Additionally, there is also a way to search his records through fingerprints with CBP. I highly recommend you do both to make sure you make every effort to find the record. In any case, if your cousin used fraudulent documents to obtain admission into the United States, he would be eligible to file a waiver.
It is important that your cousin understands that getting approved for Parole in Place, does not mean he is eligible for Adjustment of Status (I-485). Hope this information is helpful.
I agree with my colleagues who state that a FOIA from the CBP could reveal more details about the past apprehension. I can't emphasize enough that this case has more complex issues based on the facts you stated, and that an attorney is highly recommended for this case.
