FOIA and Privacy Act FAQs

Watch the Video on this FAQ: I-140 revocation

Video Transcript:

You should file a  Freedom of Information Act (FOIA) request online. You should be able to file and ask for all immigration related documents relevant to your case. They should be able to give you any documents that can prove that your I-140 was approved. Remember, even without the proof you should be entitled to almost all the benefits because the I-140 is the employer's case and you may not have a copy of the approval but you are the beneficiary of that case so the government should cooperate.

If you do not have an issue with extension beyond six years you are fine. Even if they revoke your I-140 one day after your I-140 approval, they cannot take away your priority date. That can be transferred to another new green card. If they don't revoke the I-140 or if they revoke it after 180 days your spouse will be entitled to H-4 EAD. But if they revoke it before the 180 days then both you and your spouse will have to wait until your second I-140 to a new employer is approved. FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ: What to about past immigration

problems causing a current visa denial?

Video Transcript

I think you should hire a lawyer. Your lawyer should first reach out to the consulate wherever the visa was denied and ask them the reason for denial. At the same time they should apply for Freedom of Information Act (FOIA) request. Get a copy of all the documents that the government has on you. It is a long, tedious process and it could take months or even years to get it straightened out.

If possible you should also look at 212(d)(3) waiver. These are available for non-immigrant visas such as a tourist visa even though you have a bar from entering the United States. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

First of all you really don’t need a copy of the I-140 approval. We have been able to get H-1 extensions as well as priority date transfers based upon just your name, social security number, date of birth , name of the old employer, but you should file a Freedom of Information Act request. If you go to the USCIS list of forms you will be able to see FOIA Freedom of Information Act. Strictly speaking it is a Privacy Act Request but they are the same form. The form is G-639. That will give you a copy of your documentation. Often time’s government gives you a copy of all your paperwork including your I-140 approvals. So doesn’t hurt to try that way. So we don’t really need it. You should be ok. But it is a good idea to have copies of everything that the government has and can share with you. So when you file the FOIA/Privacy Act Request form it’s free to file and there is no charge on it. In a few months (4-5 months) you will get copies of the documents and it could very well include I-140 approval as well.