Legal Question in Immigration Law in New York

Re: Visa overstay / immigration record lookup?

The most logical next step would be for your brother to file a Freedom of Information Act ("FOIA") request with the United States Department of Justice ("USDOJ"). This should be helpful in illuminating some of the issues he may be concerned about, or whether or not there is any derogatory information that may hinder his prospective adjustment of status to green card.

Like all federal agencies, the USDOJ generally is required under the FOIA to disclose records requested in writing by any person. However, agencies may withhold information pursuant to nine exemptions and three exclusions contained in the statute. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.

The USDOJ's Office of Information and Privacy ("OIP") is the principal contact point within the executive branch for advice and policy guidance on matters pertaining to the administration of the FOIA.

For further assistance with this matter, please contact our law office to speak with one of our experienced Attorneys.