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Charmycole

Is filing FOIA really a bad idea?

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I requested my FOIA file and now I’m scared! I’m on step 3 but my interview was scheduled yesterday for may… 

Anyway, How true is this statement below? 

As I posted in the other thread, it was a trick to get USCIS to drag out A-files stuck in the NRC. If you had applied during the pandemic, there was a chance that your A-file got stuck at the NRC. USCIS does not control the NRC and is beholden to their whims. However, the government has to obey FOIA requests and some people found out it was possible to speed up the process by requesting a FOIA.

This trick was for people with A-files stuck at the NRC. People who had their A-files already in USCIS hands should not FOIA their files as all it can do is delay the case.

Think of it as a giant conveyor belt. For people stuck in the NRC, the file hasn’t been placed on the conveyor belt yet and so their application wasn’t moving. By requesting the FOIA, it meant it could be dropped off on the conveyor belt after the FOIA request was done as USCIS finally had the A-file back.

Now imagine the A-file is already on the conveyor belt since USCIS already has it. That means it’s already going through the process to making it to the field office. By requesting a FOIA, you just asked USCIS to take the file off that conveyor belt that is on the way to the field office or already in the field office and place it on another conveyor belt to process the FOIA request.

Anyone will tell you that the less movement a file does, the better. It means that it has less of a chance to get misplaced. That’s why so many people do not recommend rescheduling an interview if it’s scheduled at the wrong field office. They’re afraid USCIS might miss the reschedule request or it will get lost in transit.

FOIA was a trick to get the file in USCIS hands from the NRC. It was not meant to generally speed up the process. In some cases it could actively delay the process especially if it’s at a field office or in an officer’s hands. That’s why the FOIA instructions say not to FOIA your file to find the status of your file.

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3 hours ago, Charmycole said:

I requested my FOIA file and now I’m scared! I’m on step 3 but my interview was scheduled yesterday for may… 

By the bits of clues in your profile, I am guessing you have an I-751 and after a long delay , got an interview for May. Unable to tell if u filed joint w spouse or solo waiver due to abuse or divorce. 
FOIA requests have no impact on the merits of your case or the Evidence u need for the interview. The longgg “trick” theory gave me a mild headache..but should give u no concern. 
 

Many here on VJ can help u get ready for interview, just clarify your post..

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