Can someone pls pls tell me the time it takes to get an information One has requested back from the DHS or USICS and the FBI to know what information they hold on one after the person was refused entry due to an overstay of 5 days. Once again thank you for your help. this site is helpful and good luck to all who are helping to set people's mind at ease abit with the us immigration stuff.
thanks

Any information that they might have you already know...

If you arrived on a VWP and overstayed, then your VWP is void and you will not be permitted to enter the US without another kind of visa. Same would be tru of a B2 visa.

I ve heard that it can take up to a year to receive the info back after under the FOIA

Thank you , the person was told to go backand apply for a visa to come to the USa, the person only overstayed for 13 days. some have suggested the person request for information as to if there is any bar. some also says well since the overstay was 13 days , the person might not have a bar but still need to request for their info from the US dept of home land or USCIS and the FBI. it will give more infor.
this was what the person had in the passport.

8cfr 212 (4) 212 (A) (7) (A) (I) (1). I am not sure what this says and need help on it.
thaks agin for your time

I filed a FOIA with the DOS in December of 2005. They are working on it now. One thing to point out, you need to remember, you need to have sent in a perjury of penalty statement for everyone involved. I needed one for my husband that stated his name, date of birth, address, and approval to provide me with the evidence. I also need to sign one myself stating that I am his wife, along with the same information. If you do this in advance it will increase the time by a couple of months.

I know it sounds like a waste of time, but I would still suggest it. Immigration takes a long time, and it doesn't cost you any money unless the files are extensive, so you might as well give it a shot.

212A7AI1

"not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)."

The bar does not apply

As per USCIS site:
Arriving alien allowed to withdraw
§235
Form I-275, Form I-160A
None - §212(a)(9)(A) does not apply (that is the bar)
Withdrawal may have been authorized by either inspector or IJ

It took us 11 months to get our info from the FOIA...USCIS!