Before you escalate a stalled case, it helps to know what USCIS actually has in your file. The Freedom of Information Act lets you ask. For cases in Dallas–Fort Worth, a records request can reveal a missing document, an old statement or a pending check that explains the delay.

How to request USCIS records now

USCIS’s records request page says that, effective January 22, 2026, all FOIA and Privacy Act requests for USCIS records should be submitted online through the agency’s FIRST system after creating a USCIS account. You can request your own records, someone else’s records with written permission, and agency policies and data.

The response deadline

FOIA itself, at 5 U.S.C. 552(a)(6)(A)(i), requires an agency to determine within 20 days, excluding weekends and legal public holidays, whether it will comply with a request and to notify the requester. That is a decision deadline, not a promise that all records will arrive in 20 days.

Ask the right agency

USCIS holds benefit files, but other records live elsewhere: border encounters with CBP, enforcement records with ICE, visa records with the State Department and court records with the immigration court system. USCIS’s page tells requesters to confirm they are asking the right agency before filing.

How the file helps in a delay

A file can show whether a request for evidence went to an old address, whether biometrics are recorded, or whether earlier statements conflict with the current application. That shapes strategy, including whether the case is ready for the steps in before suing USCIS or for a mandamus lawsuit. It also helps answer the question in whether mandamus could hurt your case.

When the agency does not answer

FOIA has its own enforcement route in federal court when agencies miss deadlines. Mandamus.com explains what to do when the government will not release your records and describes a case where records were central to an I-485 denial. For vetting questions, see background-check delays.

What to include in a request

Identify yourself the way the agency’s records will: full name and any other names used, date and country of birth, A-number and receipt numbers. Describe the records you want clearly, for example your complete immigration file or the records of one specific application. Keep the confirmation that the system gives you, and calendar the 20-business-day mark so you know when to follow up. The more precise the request, the easier it is to process.

Frequently asked questions

Can I still mail a FOIA request to USCIS? USCIS says that, since January 22, 2026, requests for USCIS records should be submitted online through FIRST.

Will I get my file in 20 days? The 20-business-day rule is for the agency’s decision on whether to comply; production can take longer.

Can I request my spouse’s file? Only with the person’s written permission, according to USCIS.

Key Takeaways

  • Since January 22, 2026, USCIS FOIA requests should be filed online through FIRST.
  • FOIA requires a decision on the request within 20 business days.
  • Different agencies hold different immigration records; ask the right one.
  • The file can explain a delay and shape the next legal step.
  • FOIA deadlines can be enforced in federal court.

Disclosure: This site collaborates with the law firm that publishes mandamus.com and n600k.com; some articles link to their guides. General information only, not legal advice.

General information only, not legal advice. Immigration law and agency policy change often; confirm current rules before acting. Published October 26, 2026. Official sources checked October 26, 2026.