Freedom of Information/Privcy Act Request

Freedom of Information/Privcy Act Request

G-639 Instructions 8-23-11

Freedom of Information/Privcy Act Request

OMB: 1615-0102

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OMB No. 1615-0102; Expires 10/31/11

Instructions for Form G-639, Freedom
of Information/Privacy Act Request

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

Instructions
NOTE: 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)]).

Do Not Use Form G-639:
1. 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, instead.
3. To request the return of original documents. Use Form
G-884, Request for Return of Original Documents.
4. To request records of naturalization prior to September 27,
1906. Write to the clerk of court where the naturalization
occurred.
5. To request 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 I Submit My FOIA/PA Request?
Freedom of Information Act (FOIA) or Privacy Act (PA)
requests must be submitted by mail, fax, or e-mail to the
following:
National Records Center (NRC)
FOIA/PA Office
P.O. Box 648010
Lee's Summit, MO 64064-8010
Fax: (816)350-5785
Email: uscis.foia@uscis.dhs.gov
NOTE: Do not submit your FOIA/PA request to your local
USCIS office or Service Center. USCIS processes all FOIA/
PA requests at the NRC.
All FOIA or PA requests must be in writing. Form G-639 is
not required to make a FOIA/PA request.

What Information Is Needed to
Search for USCIS Records?
Failure to provide complete and specific information as
requested in Number 2 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
Individuals requesting access to their own records must
include with their request their full name, current address, date
and place of birth (see Number 4). The request must be
signed and the signature must either be notarized or submitted
under penalty of perjury. If you are requesting access to the
records of another individual and on behalf of that individual,
you must submit this same verification of identity statement
from that individual (U.S. Department of Justice Form 361,
Certification of Identity may also be used), together with
appropriate consent authorization of the records subject.

Verification of Identity of Parents,
Guardians, Children, or Other Persons
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 non-public information about an
individual under FOIA or PA must provide proof of the
consent of that person on Form G-639 or by an authorizing
letter, together with appropriate verification of identity of the
record subject.

Form G-639 Instructions (08/23/11) Y

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

How Do You Show a Compelling Need?
A requester who seeks expedited processing must explain in
detail the basis of the need and submit a separate statement
that the facts stated are certified to be true and correct to the
best of his or her knowledge and belief. The requester must
establish that one of the following situations exists in order to
receive expedited treatment of his or her FOIA/PA request:
1. 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
2. An urgency to inform the public about an actual or alleged
Federal Government activity, if made by a person primarily
engaged in disseminating information.

Fees

Payment of Fees
Do not send money with this request. When USCIS instructs
you to do so, submit the fees in the exact amount.
Use the following guidelines when you prepare your check
or money order for your Form G-639 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."
When you provide a check as payment, you authorize USCIS
to use information from your check to make a one-time
electronic funds transfer (EFT) from your account or to
process the payment as a check transaction. An EFT may debit
your account as soon as the same day you make your payment
and you will not receive your check back from your financial
institution.
A charge of $30 will be imposed if a check in payment of a
fee is not honored by the bank on which it is drawn. Each
remittance will be accepted subject to collection.

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 the first two hours of search time will be
provided without charge. Thereafter, for requests processed
under the Privacy Act, there may be a fee of 10 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. If the total
anticipated fees amount to more than $250, or the same
requester has failed to pay fees in the past, an advance deposit
may be requested.
NOTE: If fees for a prior request are outstanding, we will not
honor future requests until all fees are paid.
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
must include a justification.

Routine Uses
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 information may result in our
inability to comply with a request.

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 FOIA.

Form G-639 Instructions (08/23/11) Y Page 2

Privacy Act Statement
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.

Privacy Act of 1974 (5 U.S.C. 554a)
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 PA also prohibits disclosure of any person's records
without his or her written consent, except under certain
circumstances as prescribed by the Privacy Act.

Paperwork Reduction Act
An agency may not conduct or sponsor information collection,
and a person is not required to respond to a collection of
information, unless Form G-639 displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 15 minutes per
response. This includes the time to review the instructions, as
well as complete and submit your Form G-639. Send
comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions for
reducing this burden, to: U.S. Citizenship and Immigration
Services, Regulatory Products Division, Office of the
Executive Secretariat, 20 Massachusetts Avenue, N.W.,
Washington, DC 20529-2020; OMB No. 1615-0102. Do not
mail your completed Form G-639 to this address.

USCIS Forms and Information
You can get USCIS forms and immigration-related information
on the USCIS Internet Web site at www.uscis.gov. You may
order USCIS forms by calling our toll-free number at
1-800-870-3676. You may also obtain forms and information
by telephoning our National Customer Service Center at
1-800-375-5283

Form G-639 Instructions (08/23/11) Y Page 3


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File Modified2011-09-12
File Created2010-03-11

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