Form G-639 guide: Freedom of Information Act/Privacy Act Request

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form G-639's official title is Freedom of Information Act/Privacy Act Request. It is the form for requesting records from U.S. Citizenship and Immigration Services (USCIS) under the Freedom of Information Act (FOIA) and the Privacy Act (PA). Its most common use is obtaining your own immigration file (Alien File, or A-file) or specific documents in it, such as applications you filed in the past, interview notes, entry records and denial decisions.

A records request is not an immigration application and does not give you any status, but it is often an important step in preparing a new application: before applying for a green card, naturalization or a waiver, or responding to immigration court proceedings, an attorney usually needs to know exactly what the government's file says, so that the new application does not contradict past records. Note in particular: since January 22, 2026, the Department of Homeland Security (DHS) and its components in principle accept only FOIA and Privacy Act requests submitted online. USCIS uses an online system called FIRST, and the paper G-639 is no longer the standard way to file.

At a glance

Item	Details
Official title	Form G-639, Freedom of Information Act/Privacy Act Request
Agency	USCIS National Records Center FOIA/PA Office
Who files	Anyone can make a FOIA request; requesting another person's records requires the consent of the subject of the record (or proof that the person has died)
How to file	Through USCIS's online FIRST system (a USCIS online account is required); people without internet access (such as detained individuals) can contact the USCIS FOIA Public Liaison to arrange another method
Status of the G-639	No longer the standard filing method; it can be uploaded to FIRST as an identity verification and third-party consent document
Fees	Not a USCIS immigration filing fee; any search and duplication fees are calculated under FOIA and DHS regulations; check current official rules
Common accompanying documents	G-28 (attorney representation), the record subject's consent or identity verification statement
Official pages	USCIS FOIA/PA request page, uscis.gov/g-639

FOIA vs. the Privacy Act

Freedom of Information Act (FOIA, 5 U.S.C. 552): anyone, regardless of nationality or status, can request federal agency records. The government may redact or withhold information under statutory exemptions (such as personal privacy, sensitive law enforcement information and internal deliberative material).
Privacy Act (5 U.S.C. 552a): lets U.S. citizens and green card holders access (and, under certain conditions, request amendment of) records the government keeps about them.

In practice, USCIS processes a single request under both laws; you do not need to file separately. Noncitizens who are not green card holders requesting their own files rely mainly on FOIA.

When you need a records request

Someone else (an agent, a former attorney, a former employer) handled your past applications and you do not have complete copies;
You have had a visa refusal, a refusal of admission, a removal, a withdrawal of an application for admission, secondary inspection at an airport or similar experiences, and need to know how the government recorded them;
You had a case in immigration court, or are in immigration court proceedings now;
Before applying for naturalization, you need to check past application contents and address, marriage and travel history;
Before preparing a waiver application (such as I-601 or I-212), you need to confirm the specific basis for the ground of inadmissibility;
After a denial, you want to know what material the adjudicating officer saw.

Things FOIA is not suited for: checking the progress of a pending case (use the online case status tool or contact the USCIS Contact Center; see How to check your USCIS case status); notifying a consulate that a petition was approved (use I-824); getting back original documents (a separate procedure); naturalization records from before September 27, 1906 (contact the court that handled the naturalization); and historical files more than 100 years old (through the USCIS Genealogy Program).

The USCIS FIRST online system: how to file

Create or sign in to a USCIS online account. An attorney or other representative filing on someone's behalf files from his or her own account and does not need to use the subject's account.
Choose the request type in FIRST: your own records, or someone else's records (a third-party request).
Enter the subject's information: full name, other names used, date of birth, country of birth, A-Number, receipt numbers, etc. Only enter information you are sure is accurate. In recent years practitioners have reported that when optional information (such as parents' names or dates) does not match the file, the request may be rejected for a "mismatch"; if you are unsure about an optional field, it is better to leave it blank.
Describe what you are requesting: you can request the complete A-file, or only specific documents (for example, "2015 I-485 interview notes," "I-213," or "record of a particular visa refusal"). The more specific the scope, the more smoothly the request usually goes.
Identity verification and consent: the system contacts the record subject by email or text message; the subject confirms his or her country and date of birth online, confirms the request under penalty of perjury, types his or her name and approves the request. You can also upload a signed consent statement, a notarized statement, or a signed G-639 or G-28 as identity verification and consent. When an attorney files, it is advisable to complete the confirmation while the client is present.
Submit and keep the FOIA control number, which you use to track progress. When the documents are ready, you will be notified to download them online.

Requests previously submitted by mail or other methods can be linked to your account in FIRST using the control number and PIN on the acknowledgment letter.

What the paper G-639 is still used for

The G-639 has not been abolished, but its uses have changed:

As an identity verification and third-party consent document uploaded to FIRST;
A small number of people who cannot file online (such as detained individuals or people who truly lack internet access) may file on paper as instructed, after first contacting the USCIS FOIA Public Liaison and obtaining approval;
As a consent document when submitting third-party requests to certain agencies (requirements vary by agency; see below).

When using the paper form, follow the edition stated on the official USCIS page at the time.

Third-party requests: requesting records for a family member or client

Requesting another person's records requires a consent signed by the record subject, together with verification of his or her identity (a statement signed under penalty of perjury, or notarized).
For a minor child's records, the parent or guardian must provide verification of his or her own identity and proof of the relationship (birth certificate or guardianship order), and state that the request is made on the child's behalf.
If the subject has died, a death certificate must be provided.
For third-party requests without the subject's consent, the government will usually release only limited information that does not involve personal privacy.

Expedited processing and processing order

USCIS gives priority to requesters who have a scheduled immigration court hearing. The request must include one of the following: a Notice to Appear (Form I-862), Form I-122 (Order to Show Cause), Form I-863 (Notice of Referral to Immigration Judge), or a written notice of a scheduled next hearing date.

In addition, USCIS generally processes requests on separate tracks by complexity: simple requests for a small number of specific documents move at a different pace from complex requests for a complete A-file. This is another reason to narrow your request as much as possible.

The law generally requires agencies to make a determination within 20 working days, but in practice it often takes longer; in recent years FOIA request volumes have grown and staffing is tight, causing many delays. Rely on the status shown in FIRST for actual progress.

Fees

FOIA fee rules differ from those for immigration applications, and payment generally does not need to accompany the request. Under FOIA and DHS's FOIA regulations, non-commercial requesters usually receive the first two hours of search and the first 100 pages of duplication free of charge; additional work may incur fees, and very small amounts are generally not charged. If fees are expected to be high, the agency will usually notify you first for confirmation. Check current official rules for details. These fee rules are unrelated to USCIS immigration filing fees; for those, see How to check fees and processing times.

What the records you receive will look like

Documents are usually provided as PDFs for online download;
Some content may be redacted, marked with the FOIA exemption relied on, such as (b)(5), (b)(6), (b)(7)(C) or (b)(7)(E);
Some documents originate from other agencies (such as CBP, ICE or the State Department), and USCIS may refer them to the originating agency for review, which then responds to you directly;
You may receive a "no records found" response. If you are confident records exist, consider an appeal or a new, more precise request.

If you disagree with the decision: administrative appeal

For an adverse USCIS response (such as a denial, extensive redactions or no records found), you may file an administrative appeal within 90 working days of the decision, marking it "Freedom of Information Act Appeal" and stating your reasons. USCIS currently recommends filing appeals through FIRST.
You can ask the National Archives' Office of Government Information Services (OGIS) to help mediate the dispute.
Once administrative appeals are exhausted, you can file suit in federal district court.

Requesting records from other agencies

Immigration records are spread across several agencies. The USCIS A-file does not necessarily contain every record, and depending on your needs you may have to file separately with the following agencies (CBP, ICE and OBIM are DHS components and are likewise subject to the rule that, in principle, requests must be filed online starting January 22, 2026):

Agency	Common records	How to request (verified points)
U.S. Customs and Border Protection (CBP)	Entry and exit records; records of inspection, secondary inspection, refusal of admission, withdrawal of application for admission and expedited removal; I-94 records; border apprehension records	Through DHS's SecureRelease online system; third-party requests require authorization such as a G-28. If you only need your most recent I-94 or your travel history, you can look it up yourself on CBP's I-94 website (see I-102)
U.S. Immigration and Customs Enforcement (ICE)	Detention records, medical records during detention, I-213 arrest reports, bond-related records, SEVIS student records	Through SecureRelease; third-party requests may require a G-639, G-28 or an ICE declaration form
Office of Biometric Identity Management (OBIM)	Fingerprint and photo records in DHS's biometric database, with the time and place of collection	Through SecureRelease, with a scanned fingerprint card uploaded; third-party requests require consent documents
Immigration courts (EOIR, part of the Department of Justice)	Immigration court Record of Proceedings, hearing recordings	FOIA requests through EOIR's online portal (PAL) or by mail; the parties to a case, their attorneys or representatives, and the parents or guardians of minor parties can also request a copy of the record directly from the court (an ROP request); see the EOIR website for the procedure
U.S. Department of State	Passport application records, visa application records	Through the State Department FOIA website. Note: visa records are confidential under INA 222(f), so FOIA requests for them are often largely withheld and the content actually obtainable is limited

Personal criminal history records from the Federal Bureau of Investigation (FBI) (the Identity History Summary) have their own request procedure and do not go through the FOIA channels above. Parties in immigration court cases who need records face tight timing, so it is advisable to have an attorney plan the order of requests.

Common mistakes

Inaccurate optional information, leading to rejection for a "mismatch";
Too broad a scope, leading to a longer wait; requesting the complete A-file when only one document is needed;
Third-party requests missing the subject's consent or identity verification;
Assuming a USCIS request will produce all CBP or immigration court records;
Having an immigration court hearing but not attaching the hearing notice, and missing priority processing;
Treating FOIA as a way to check case progress or to push a pending case.

Frequently asked questions

I do not have a green card. Can I still request my own file?

Yes. FOIA applies to anyone. Some Privacy Act rights apply only to U.S. citizens and green card holders, but that does not prevent you from requesting your own file under FOIA.

Can I still mail a paper G-639?

Since January 22, 2026, DHS in principle accepts only online requests. People who truly cannot get online (such as detained individuals) should first contact the USCIS FOIA Public Liaison and follow its instructions.

Can an attorney request my records for me?

Yes. The attorney files from his or her own USCIS online account with a G-28 and your consent or identity verification; the system may also contact you directly by email or text message to confirm online.

Will a records request affect my pending application?

FOIA requests are handled by a dedicated records unit and are a separate process from pending applications; a records request generally does not affect the adjudication of a pending application and cannot be used to speed it up.

What if my file contains information I believe is wrong?

U.S. citizens and green card holders can request amendment of records under the Privacy Act. For others, errors in records usually need to be addressed with evidence in the relevant immigration application. If you find an error, consult an attorney before deciding how to handle it.

Why is so much of my file blacked out?

The government may redact content under FOIA exemptions, for example to protect third-party privacy or law enforcement techniques. If you believe the redactions are improper, you can file an administrative appeal within the deadline.