How To Request Visa Records

HAVE YOU EVER RECEIVED A DENIAL ON YOUR VISA REQUEST AT THE CONSULATE?  HAVE YOU EVER WONDERED WHY YOUR VISA REQUEST WAS DENIED?  THIS ARTICLE WILL EXPLAIN THE PROCESS OF WHAT CAN BE DONE TO GET YOUR IMMIGRATION RECORDS FROM THE CONSULATE.

Step 1

Determine where the records you are seeking are kept.

The Department of State IN Washington maintains the following visa records:

1. Correspondence previously sent to or given to the applicant by the post
2. Civil documents presented by the applicant
3. Visa applications and any other documents submitted by the applicant to the Department in the form in which they were submitted.

Inquiries on visa cases in progress overseas should be made to the appropriate U.S. Embassy or Consulate handling your case.

Immigration records for individuals who already immigrated to the United States and have been issued a permanent resident alien card, also known as a “green card,” are with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

For more information on where visa records are maintained, you may wish to view the Visa Records Contact Information. You may also wish to visit the Office of Visa Services.

Step 2

Draft your request.

There are no special forms required for making a request for visa records. When submitting a request, please include
1) a notarized statement or a statement signed under penalty of perjury stating that you are the person that you say you are and 2) your signature.

If you are signing under penalty of perjury, your request should be dated and should have your signature with the following statement: "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.“

The following information should be provided with your request:

• Full Name (surname(s), given name(s), other distinguishing information (such as Jr., Sr., III), and any aliases or other names used)
• Date and place of birth (country, state/province, and city)
• Visa type (immigrant/non-immigrant, and specific type of visa within these broad categories)
• Location of embassy/consulate where visa was issued/denied/pending
• Case number or Receipt number if the Case number is unknown (this is for immigrant visas only)
• Whether the visa was issued or denied, and date of such action (if unknown, please provide an approximate range of dates)
• What specific documents are requested
• Current address and phone number
• Citizenship status
• Additional comments to help locate the record.

Immigrant Visas

If you are requesting information concerning the application of an immigrant visa, you should provide a statement from the petitioner and all beneficiaries authorizing you to receive their personal information. This statement should have a signature and be dated and either notarized or submitted under penalty of perjury.

For more information, go to Authorization for the Release of Records to Another Individual.

In general, under the provisions of the FOIA and Privacy Act, access to information about private individuals cannot be given to unauthorized third parties absent the individuals’ written consent. The Department of State can and will process requests without consent, but release of records will be severely limited to protect the privacy of the subject individuals.

Please Note

Section (b)(3) of the Freedom of Information Act exempts from disclosure those agency records that are otherwise protected from release by federal statutes other than the FOIA. One such statute is section 222(f) of the Immigration and Nationality Act (8 USC, section 1202 (f) ), which renders confidential those records of the Department of State pertaining to the issuance or refusal of visas or permits to enter the United States. As a result, you should be aware that information the Department is allowed to release is severely limited and visa records are generally exempt from disclosure under the (b)(3) exemption to the FOIA. This is the case regardless of whether the requester is a third party or the visa applicant him/herself.

Step 3

Send your request to the Department of State

You may mail or fax your request for Department of State records to the following: Office of Information Programs and Services
A/GIS/IPS/RL
U. S. Department of State
Washington, D. C. 20522-8100
Facsimile: (202) 261-8579

Please write “Freedom of Information Act" or “Privacy Act” on the envelope or the subject line of your fax.

For further information or questions you may have, please do not hesitate to contact The Law Offices of Michael H. Markovitch.