‹The template Manual is being considered for merging .›
90-738: The Administrative Appeals Office , full name USCIS Administrative Appeals Office , and also known as the AAO and USCIS AAO , is an office within United States Citizenship and Immigration Services (USCIS) that can be used by petitioners to appeal adverse USCIS decisions made on their petitions. It is located in Washington, D.C. , and all its in-person functions (including listening to oral arguments) happen only in Washington, D.C. Most appeals must be filed on Form I-290B (with
180-400: A "representative". This means that for any FOIA request that by its nature appears as if it might have been made by or on behalf of a non-U.S. governmental entity, a covered agency may inquire into the particular circumstances of the requester in order to properly implement this new FOIA provision. The agencies affected by this amendment are those that are part of, or contain "an element of",
270-581: A FOIA request with the U.S. Attorney General and the FBI requesting copies of all their documents relating to the role of former FBI Director L. Patrick Gray in the Watergate scandal . The FBI had over 5,000 pending FOIA requests at the time and did not respond within the statutory 20-day limit. Open America sued in the U.S. District Court for the District of Columbia , and the court issued an order commanding
360-504: A consular officer processing a visa based on the approved petition finds a reason that the petition should not have been approved or is no longer approvable. The USCIS may decide, based on the readjudication, to revoke the petition. During this readjudication process, the USCIS may issue a Notice of Intent to Revoke (NOIR) that plays a similar role as the NOID does for initial adjudication. if
450-423: A denial or revocation is sent, it includes information on whether an appeal is allowed. If no appeal is allowed, then the only option available for challenge is filing a motion to reconsider or reopen. The following restrictions apply on using Form I-290B to file appeals: An appeal that is filed late is automatically treated as a motion to reconsider or reopen, if it otherwise meets the criteria for those. Although
540-466: A fee) within 30 days of the initial denial. The USCIS office that denied the benefit will review the appeal and determine whether to take favorable action and grant the benefit request. If that office does not take favorable action, it will forward the appeal to the AAO for appellate review. Form I-290B, Notice of Appeal or Motion, can be used for three purposes: The key difference between appeals and motions
630-410: A motion to reconsider or reopen a denial by a service center will be made to that service center. Motions to reconsider/reopen must be accompanied by new evidence showing that the initially filed petition should have been approved. To complicate matters, it is possible to file a motion to reconsider or reopen AAO's decision in response to a past appeal. An appeal can be made about a petition only after
720-678: A possible 100 points. Eight of the ten earned Ds, including the Department of Homeland Security (69 percent), Department of Transportation (68 percent), United States Department of the Treasury (Treasury) (68 percent), the Environmental Protection Agency (EPA) (67 percent), the United States Department of Labor (63 percent), the United States Department of Veterans Affairs (64 percent),
810-534: A refusal to do so is justified by one of the Act's specific, exclusive exemptions. Especially where, as here, an agency's responses to a request for information have been tardy and grudging, courts should be sure they do not abdicate their own duty. In 2015, the Center for Effective Government analyzed 15 federal agencies which receive the most FOIA requests in-depth. The organization used a scale considering three factors:
900-452: A specific name, and an alphanumeric sequence consisting of a letter followed by two or three digits. Forms related to immigration are designated with an I (for example, I-551, Permanent Resident Card ) and forms related to naturalization are designated by an N (for example, N-400 , Application for Naturalization). Ken Cuccinelli served from July 8 to December 31, 2019, as de facto Acting Director. His tenure as Acting Director
990-638: Is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). USCIS performs many of
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#17327908357921080-588: Is funded almost entirely by user fees, most of it via the Immigration Examinations Fee Account (IEFA). USCIS is authorized to collect fees for its immigration case adjudication and naturalization services by the Immigration and Nationality Act . In fiscal year 2020, USCIS had a budget of US$ 4.85 billion; 97.3% of it was funded by fees and 2.7% by congressional appropriations . USCIS consists of approximately 19,000 federal employees and contractors working at 223 offices around
1170-553: Is government "redaction" of certain passages deemed applicable to the Exemption section of the FOIA. Federal Bureau of Investigation (FBI) officers in charge of responding to FOIA requests "so heavily redacted the released records as to preclude needed research." This has also brought into question just how one can verify that they have been given complete records in response to a request. This trend of unwillingness to release records
1260-804: Is not specifically identified as requiring continued secrecy. The Dodd–Frank Wall Street Reform and Consumer Protection Act , signed into law in July 2010, included provisions in section 929I that shielded the Securities and Exchange Commission (SEC) from requests under the Freedom of Information Act. The provisions were initially motivated out of concern that the FOIA would hinder SEC investigations that involved trade secrets of financial companies, including "watch lists" they gathered about other companies, trading records of investment managers, and "trading algorithms" used by investment firms. In September 2010,
1350-430: Is that appeals go to the AAO, i.e., a higher authority than the one that made the decision being appealed. Also, they do not need to include additional evidence, since the underlying claim of the appeal is that the office whose decision is being appealed did not correctly process the existing evidence. In contrast, motions to reconsider or reopen apply to the same office that made the decision being appealed. In particular,
1440-482: Is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act
1530-646: The Federal Register , 5 U.S.C. § 552(a)(1)(C), and to make available for public inspection and copying their opinions, statements of policy, interpretations, and staff manuals and instructions that are not already published in the Federal Register , § 552(a)(2). In addition, § 552(a)(3) requires every agency, "upon any request for records which ... reasonably describes such records" to make such records "promptly available to any person." By § 552(a)(4)(B) if an agency improperly withholds any documents,
1620-772: The 111th Congress passed an act repealing those provisions. The act was introduced in the Senate on August 5, 2010 as S.3717 and given the name "A bill to amend the Securities Exchange Act of 1934 , the Investment Company Act of 1940 , and the Investment Advisers Act of 1940 to provide for certain disclosures under section 552 of title 5, United States Code, (commonly referred to as the Freedom of Information Act), and for other purposes." A major issue in released documentation
1710-460: The Cold War and other historical events to be discussed openly. The Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) stated that all agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. Agencies must also provide electronic reading rooms for citizens to use to have access to records. Given
1800-679: The Equal Employment Opportunity Commission , the Department of Health and Human Services , the SEC, the DOJ, and the EPA, even decreased marginally. Since 2020, election officials across the U.S. have reported an overwhelming increase in records requests from apparent election deniers attempting to disrupt the functioning of local and county election offices. Often unreasonably broad, repetitive, or based on misinformation,
1890-792: The Marine Corps , the FBI, the Department of the Treasury , the Department of Energy , and the Coast Guard , the Department of Homeland Security, the Bureau of Intelligence and Research in the Department of State, and "such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of
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#17327908357921980-693: The Office of Legal Counsel Antonin Scalia advised the bill was unconstitutional and even telephoned the CIA asking them to lobby a particular White House staffer. President Ford was persuaded to veto the bill on October 17, 1974, according to documents declassified in 2004. However, on November 21, the lame-duck Congress overrode President Ford's veto, giving the United States the core Freedom of Information Act still in effect today, with judicial review of executive secrecy claims. Scalia remained highly critical of
2070-472: The U.S. Postal Service from disclosure of "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed". A federal court has concisely described the vital role of the FOIA in democracy: It has often been observed that the central purpose of the FOIA is to "open … up
2160-404: The United States Department of Defense (61 percent), the Securities and Exchange Commission (61 percent). The Department of Health and Human Services and the Department of State earned an F. The State Department's score (37 percent) was dismal due to its extremely low processing score of 23 percent, which was completely out of line with any other agency's performance. Scores of five agencies,
2250-566: The White House 's opposition, Congress expanded Section 3 of the APA as a standalone measure in 1966 to further standardize the publication of government records, consistent with the belief that the people have the "right to know" about them. The Privacy Act of 1974 was passed as a countervailing measure to ensure the security of government documents increasingly kept on private citizens. The act explicitly applies only to government agencies under
2340-438: The executive branch . These agencies are required by several mandates to comply with public solicitation of information. Along with making public and accessible all bureaucratic and technical procedures for applying for documents from that agency, agencies are also subject to penalties for hindering the process of a petition for information. According to the act, if "agency personnel acted arbitrarily or capriciously with respect to
2430-951: The "intelligence community". As defined in the National Security Act of 1947 (as amended), they consist of the CIA , the National Security Agency , the Defense Intelligence Agency , the National Imagery and Mapping Agency , the National Reconnaissance Office (and certain other reconnaissance offices within the Department of Defense), the intelligence elements of the Army, the Navy , the Air Force , and
2520-673: The 1974 amendments, writing years later that "It is the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored." Scalia particularly disliked the availability of judicial review, decrying that if "an agency denies a freedom of information request, shazam!—the full force of the Third Branch of the government is summoned to the wronged party's assistance." Those amendments to
2610-539: The 90th Congress), repealed the original and put in its place a substantively identical law. This statute was signed on June 5, 1967, and had the same effective date as the original statute: July 4, 1967. Following the Watergate scandal , President Gerald R. Ford wanted to sign FOIA-strengthening amendments in the Privacy Act of 1974 , but White House Chief of Staff Donald Rumsfeld and deputy Dick Cheney were concerned about leaks. Assistant Attorney General for
2700-639: The AAO's decision can be appealed within the United States federal judicial system. The significance of precedent and non-precedent decisions, as well as the concept of adopted decisions, as detailed below, have been evolving slowly since 2003. The most recent defining memorandum explaining the distinction was issued by the USCIS in November 2013. This is part of a general thrust in the AAO to move toward clearer and more consistent rulemaking to improve decision quality and consistency. Most AAO decisions are non-precedent decisions: they apply existing law and policy to
2790-401: The AAO, but only by providing evidence of one or more of these: If the petitioner files Form I-290B, Notice of Appeal or Motion, the appeal is first sent to the office that adjudicated the original petition. This gives the office the opportunity to review the appeal and readjudicate the petition if necessary. This stage is called initial field review or IFR. If the office finds no problem with
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2880-874: The Act." In conjunction with the FOIA, the Privacy Act is used to further the rights of an individual gaining access to information held by the government. The Justice Department's Office of Information and Privacy and federal district courts are the two channels of appeal available to seekers of information. In 1976, as part of the Government in the Sunshine Act , Exemption 3 of the FOIA was amended so that several exemptions were specified: Between 1982 and 1995, President Ronald Reagan's Executive Order 12356 allowed federal agencies to withhold enormous amounts of information under Exemption 1 (relating to national security information), claiming it would better protect
2970-539: The Center for Election Innovation & Research found at least 13 states that have sought to protect election staff from the abuse of FOIA requests in several ways, such as creating publicly accessible databases that do not require staff assistance and giving election staff the authority to deny unreasonable or clearly frivolous requests. Starting in 2012, the Federal government job title Government Information Specialist
3060-672: The Clinton Administration appealed to the U.S. Court of Appeals , stating that the National Security Council was not truly an agency but a group of aides to the President and thus not subject to FOIA regulations. Under the Presidential Records Act, "FOIA requests for NSC [could] not be filed until five years after the president ha[d] left office ... or twelve years if the records [were] classified." The Clinton administration won, and
3150-449: The FBI and Office of Information and Privacy put forth "stony resistance" to the FOIA appeal process. A murder trial decided in 1993, Department of Justice v. Landano , 508 U.S. 165 (1993), involved what was alleged to be a felony murder committed during a group burglary by defendant Landano. Justice Sandra Day O'Connor wrote the unanimous opinion. "In an effort to support his claim in subsequent state court proceedings that
3240-542: The FBI and the CIA. Second, congressional funding for agency staff to handle FOIA requests is usually far less than the necessary amount to hire sufficient employees. As a result, parties who request information under FOIA often end up filing lawsuits in federal court seeking judicial orders forcing the agencies to comply with their FOIA requests. The first major case of this type was the 1976 case Open America v. Watergate Special Prosecution Force , in which Open America had filed
3330-477: The FBI to either immediately comply with or deny Open America's request. The government appealed to the U.S. Court of Appeals for the D.C. Circuit , which found that FOIA requests could be categorized into "simple" and "difficult" requests, and that although Open America's request was "difficult", the FBI had been using "due diligence" in responding to it. The court held that because there was no pressing urgency to Open America's request, its lawsuit did not move it to
3420-511: The FBI's claim of confidentiality as being a valid reason to withhold information. "While most individual sources may expect confidentiality, the Government offers no explanation, other than administrative ease, why that expectation always should be presumed." Thus, when Theoharis and company were in the middle of fighting in court to obtain J. Edgar Hoover files, they may well have benefited from Landano and also Janet Reno 's assertions of
3510-715: The FOIA (pertaining mainly to intelligence agencies) entitled "Prohibition on Compliance with Requests for Information Submitted by Foreign Governments": Section 552(a)(3) of title 5, United States Code, is amended— (1) in subparagraph (A) by inserting "and except as provided in subparagraph (E)", after "of this subsection"; and (2) by adding at the end the following: In effect, this new language precluded any covered U.S. intelligence agency from disclosing records in response to FOIA requests made by foreign governments or international governmental organizations. By its terms, it prohibits disclosure in response to requests made by such non-U.S. governmental entities either directly or through
3600-637: The FOIA into law. That law was initially repealed. During the period between the enactment of the act and its effective date, Title 5 of the United States Code was enacted into positive law. For reasons now unclear but which may have had to do with the way the enactment of Title 5 changed how the law being amended was supposed to be cited, the original Freedom of Information Act was replaced. A new act in Pub. L. 90–23 , 81 Stat. 54 , enacted June 5, 1967 (originally H.R. 5357 in
3690-422: The FOIA regulate government control of documents that concern a citizen. They give one "(1) the right to see records about [one]self, subject to the Privacy Act's exemptions, (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete, and (3) the right to sue the government for violations of the statute including permitting others to see [one's] records unless specifically permitted by
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3780-441: The FOIA to explain delay in submitting any necessary documents. The FOIA can be made by anybody (not necessarily the petitioner or beneficiary); however, key identifying information, including the petitioner's and beneficiary's name, are often redacted. If an appeal to AAO is denied, the appellant can file a motion to reconsider or reopen if there is new evidence that would show that the appeal should have been sustained. Otherwise,
3870-683: The Freedom of Information Act (FOIA) was moved from its original home in Section 3 of the Administrative Procedure Act (APA). Section 3 of the APA, as enacted in 1946, gave agencies broad discretion concerning the publication of governmental records. Following concerns that the provision had become more of a withholding than a disclosure mechanism, Congress amended the section in 1966 as a standalone act to implement "a general philosophy of full agency disclosure." The amendment required agencies to publish their rules of procedure in
3960-889: The National Security Archive was not granted a writ of certiorari by the Supreme Court on these grounds. According to Scott Armstrong, taking into account labor and material costs, the three presidential administrations spent almost $ 9.3 million on contesting the National Security Archive FOIA requests for PROFS e-mail records. In 2013, the Associated Press uncovered several federal agencies where staff regularly used fictitious identities and secret or unlisted email accounts to conduct government business. The use of these email accounts stymied FOIA requests. In some cases,
4050-513: The U.S. International offices are in Ankara , Beijing , Guangzhou , Havana , San Salvador , Guatemala City , Tegucigalpa , New Delhi , Nairobi , and Mexico City . USCIS's mission statement was changed on February 9, 2022. USCIS Director Jaddou announced the new mission statement. In 2021, USCIS leadership empowered employees to submit words that they felt best illustrated the agency's work. The new mission statement reflects this feedback from
4140-608: The USCIS Contact Center with information in English and Spanish, Application Support Centers (ASCs), the Internet , and other channels. Enforcement of immigration laws remains under Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). USCIS focuses on two key points on the immigrant's path to civic integration: when they first become permanent residents and when they are ready to begin
4230-417: The USCIS officer adjudicating or re-adjudicating the petition has finished adjudicating, and only if the petition was denied (for initial adjudication) or revoked (for re-adjudication). There are two steps that the USCIS might take in order to help petitioners voice their concerns during adjudication, to reduce the need for appeals: In some cases, petitions that were initially approved are readjudicated after
4320-481: The added assertion of government subservience to the individual, some, particularly representative John E. Moss , thought that it was necessary for government information to be available to the public. This push built on existing principles and protocols of government administration already in place. Others, though—most notably President Lyndon B. Johnson —believed that certain types of unclassified government information should nonetheless remain secret. Notwithstanding
4410-467: The appeal. The AAO will then come to one of three decisions: The appellate review should be completed within six months (180 days) of receiving the appeal (note that this includes the time spent on initial field review). Like the rest of USCIS, the AAO releases processing time goals for appeals based on form type. Current AAO processing times are not included in USCIS' monthly report of processing times across its field offices and service centers, but rather,
4500-476: The applicant, petitioner, or authorized representative can contact the USCIS Contact Center. If the Contact Center cannot assist the inquirer directly, the issue will be forwarded to the relevant USCIS center or office for review. Some applicants and petitioners, primarily those who are outside of the United States, may also schedule appointments on USCIS's website Unlike most other federal agencies, USCIS
4590-412: The clarity of agency rules regarding FOIA requests, quality or 'friendliness' of an agency's FOIA webpage, and the timely, complete manner of processing requests. With this metric, it concluded that federal agencies are struggling to implement public disclosure rules. Using 2012 and 2013 data, the most recent years available, ten of the 15 did not earn satisfactory overall grades, scoring less than 70 out of
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#17327908357924680-456: The congressional reports on the Act, so the floor statements provide an indication of Congressional intent. Between 1995 and 1999, President Bill Clinton issued executive directives (and amendments to the directives) that allowed the release of previously classified national security documents more than 25 years old and of historical interest, as part of the FOIA. This release of information allowed many previously publicly unknown details about
4770-554: The country and strengthen national security. The outcry from the effect that the Reagan Order had on FOIA requests was a factor in leading President Clinton to dramatically alter the criteria in 1995. The FOIA amendments were a small part of the bipartisan Anti-Drug Abuse Act of 1986 . Congress amended FOIA to address the fees charged by different categories of requesters and the scope of access to law enforcement and national security records. The amendments are not referenced in
4860-442: The denial or revocation, then the appeal is forwarded to the AAO, entering the stage called appellate review. The initial field review should be completed within 45 days. The defining guidelines for IFR were issued in a November 2015 policy memorandum. After initial field review, the appeal is processed by AAO, using the original petition, the decision of the USCIS field office, and any briefs or oral arguments presented as part of
4950-519: The determination of U.S. House of Representatives member John E. Moss of California , who was chairman of the House Government Information Subcommittee. It took Moss 12 years to get the FOIA through Congress. Much of the desire for government transparency stemmed from the Department of Defense and Congressional committees evaluation of the nation's classification system in the late 1950s. They determined that
5040-426: The district court has jurisdiction to order their production. Unlike the review of other agency action that must be upheld if supported by substantial evidence and not arbitrary or capricious, FOIA expressly places the burden "on the agency to sustain its action," and directs the district courts to "determine the matter de novo." With the ongoing stress on both constitutional and inherent rights of American citizens and
5130-605: The duties of the former INS, namely processing and adjudicating various immigration matters, including applications for work visas, asylum, and citizenship. Additionally, the agency is officially tasked with safeguarding national security, maintaining immigration case backlogs, and improving efficiency. Ur Jaddou has been the director of USCIS since August 3, 2021. USCIS processes immigrant visa petitions, naturalization applications, asylum applications, applications for adjustment of status (green cards), and refugee applications. It also makes adjudicative decisions performed at
5220-573: The eve of President George H. W. Bush 's inauguration, planned to destroy these records. The National Security Archive , Armstrong's association for the preservation of government historical documents, obtained an injunction in Federal District Court against the head, John Fawcett, of the National Archives and Records Administration and the National Security Council's purging of PROFS records. A Temporary Restraining Order
5310-640: The facts of the case. Non-precedent decisions are binding on the parties involved, but have no effect on agency guidance or practice. AAO has all its non-precedent decisions since 2005 available in an online repository. Decisions before 2005 can be obtained using Freedom of Information Act (FOIA) requests. The name of the petitioner and beneficiary are usually redacted in the non-precedent decisions available online. Non-precedent decisions by AAO are sometimes adopted by USCIS as binding policy guidance for USCIS personnel. An adopted decision may later get superseded by other USCIS policy changes. Some AAO decisions acquire
5400-529: The formal naturalization process. A lawful permanent resident is eligible to become a U.S. citizen after holding the Permanent Resident Card for at least five continuous years, with no trips out of the country of 180 days or more. If the lawful permanent resident marries a U.S. citizen, eligibility for U.S. citizenship is shortened to three years so long as the resident has been living with their spouse continuously for at least three years and
5490-399: The fraction of appeals for each category for which processing time goals were met in the most recent quarter is included on the AAO processing times page. It is possible to get a copy of the notice of record for an appeal made to AAO by submitting a Freedom of Information Act request to USCIS. However, this is not part of the appeal timeline, so an appellant cannot use delay in processing of
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#17327908357925580-435: The government demanded exorbitant (greater than $ 1 million) fees for records that appeals showed should be available for minimal cost. The act contains a provision legally requiring agencies to respond to FOIA requests within 20 days, but for two main reasons, many agencies rarely meet this requirement. First, the task of screening requests for sensitive or classified information is often arduous and lengthy at agencies like
5670-408: The government to classify certain specific types of information relevant to national security after it has been requested. That is, a request for information that meets the criteria for availability under FOIA can still be denied if the government determines that the information should have been classified, and unavailable. It also sets a timeline for automatic declassification of old information that
5760-674: The government's need for "greater openness" and "discretionary releases" in 1993. In the case of Scott Armstrong v. Executive Office of the President, et al. , the White House used the PROFS computer communications software. With encryption designed for secure messaging, PROFS notes concerning the Iran–Contra affair (arms-for-hostages) under the Reagan Administration were insulated. However, they were also backed up and transferred to paper memos. The National Security Council, on
5850-528: The head of the queue, and it would have to wait its turn. This legal reasoning and holding has been adopted by all other American circuits, though courts continue to complain that FOIA request delays are too long. In the 1983 case McGehee v. CIA the District of Columbia Circuit Court of Appeals stated: The Freedom of Information Act nevertheless imposes on the courts the responsibility to ensure that agencies comply with their obligation to "make ... records promptly available to any person" who requests them unless
5940-617: The high volume of requests has led to what a Colorado official said amounts to "a denial-of-service attack on local government." Local election officials in Florida and Michigan have reported spending 25-70% of staff time in recent years on processing public records requests. In 2022, officials in Maricopa County, Arizona reported one request that required nearly half the election office’s staff to spend four days sorting and scanning 20,000 documents. A review of recent state laws by
6030-477: The identity of informants who gave information regarding case details. However, O'Connor ruled that those who supplied information had no need to remain anonymous in the court setting. "To the extent that the Government's proof may compromise legitimate interests, the Government still can attempt to meet its burden with in camera affidavits." The court thus remanded the case to the Circuit Courts and rejected
6120-591: The intelligence community". President George W. Bush signed the Openness Promotes Effectiveness in our National Government Act of 2007, Pub. L. 110–175 (text) (PDF) , on December 31, 2007. This law, also known as the "OPEN Government Act of 2007", amended the federal FOIA statute in several ways. According to a White House press release, it does so by: Changes include the following: On December 29, 2009, President Barack Obama issued Executive Order 13526 , which allows
6210-420: The large volume of records and limited resources, the amendment also extended the agencies' required response time to FOIA requests. Formerly, the response time was ten days and the amendment extended it to twenty business days. Executive Order 13233 , drafted by Alberto R. Gonzales and issued by President George W. Bush on November 1, 2001, restricted access to the records of former presidents. This order
6300-711: The legalization introduced as part of the Immigration Reform and Control Act of 1986 , it created the Legalization Appeals Unit (LAU). In 1994, the two units were combined into the Administrative Appeals Office (AAO). In 2003, the INS was dismantled and AAO was absorbed into the newly created United States Citizenship and Immigration Services (USCIS). On November 18, 2013, USCIS issued a Policy Memorandum with guidance on
6390-425: The misuse of government classification of documents was causing insiders to leak documents that were marked "confidential". The committee also determined that the lowest rung of the confidentiality ladder "confidential" should be removed. They deemed that "secret" and "top secret" covered national security adequately. The Moss Committee took it upon itself to reform confidentiality policy and implement punishments for
6480-522: The motion to reconsider or reopen also has the same time limits, there is a little more flexibility allowed for late filing of motions. Appeals may be accompanied by briefs in support of the appeal. The briefs can be submitted at the time of initial filing of the appeal or within 30 days. The appellant can also request an oral argument before the AAO in Washington, D.C. Oral arguments are not always granted. Interpreters are not provided for oral arguments. Appellants may also request expedited processing of
6570-480: The number of appeals of each decision type (dismiss, sustain, remand) for each combination of USCIS form category and fiscal year. The Immigration and Naturalization Services (the historical agency that carried out functions currently carried out by USCIS, as well as some of the functions of ICE and CBP) created the Administrative Appeals Unit (AAU) in 1983. Later, to deal with appeals for
6660-483: The overuse of classification by officials and departments. The FOIA was initially introduced as the bill S. 1160 in the 89th Congress. When the two-page bill was signed into law, it became Pub. L. 89–487 , 80 Stat. 250 , enacted July 4, 1966 , but had an effective date of one year after the date of enactment, or July 4, 1967. The law set up the structure of FOIA as we know it today. President Lyndon B. Johnson , despite his misgivings, signed
6750-655: The proper use of precedent and non-precedent decisions. In January 2015, the first edition of the AAO Practice Manual was published and made available online. On November 4, 2015, the USCIS issued a Policy Memorandum with updated guidance on how Form I-290B appeals would be processed by the USCIS, with a focus on explaining the timeline and process for initial field review. In April 2016, AAO made its non-precedent decisions since 2005 publicly searchable. United States Citizenship and Immigration Services U.S. Citizenship and Immigration Services ( USCIS )
6840-424: The prosecution violated Brady v. Maryland , 373 U.S. 83 (1963), by withholding material exculpatory evidence, he filed Freedom of Information Act (FOIA) requests with the FBI for information it had compiled in connection with the murder investigation." In defense, the FBI put forth a claim that the redacted sections of the documents requested were withheld in accordance with FOIA regulations protecting
6930-413: The relevant USCIS center or office to process. Case inquiries may involve asking about a case that is outside of normal expected USCIS processing times for the form. Inquiries and service requests may also concern not receiving a notice, card, or document by mail, correcting typographical errors, and requesting disability accommodations. If the self-service tools on USCIS's website cannot resolve an issue,
7020-472: The service centers, and manages all other immigration benefits functions (i.e., not immigration enforcement) performed by the former INS. The USCIS's other responsibilities include: While core immigration benefits functions remain the same as under the INS, a new goal is to process immigrants' applications more efficiently. Improvement efforts have included attempts to reduce the applicant backlog and providing customer service through different channels, including
7110-462: The spouse has been a resident for at least three years. USCIS handles all forms and processing materials related to immigration and naturalization. This is evident from USCIS's predecessor, the INS ( Immigration and Naturalization Service ), which is defunct as of March 1, 2003. USCIS handles two kinds of forms: those related to immigration, and those related to naturalization. Forms are designated by
7200-541: The status of precedent decisions. This means they become legally binding on all DHS components that deal with the law. Precedent decisions therefore carry more force than adopted decisions, which in turn carry more force than other non-precedent decisions. Precedent decisions may be modified or overruled by: Although not legally bound by them, federal courts generally give more deference to precedent decisions, and decisions using similar reasoning as precedent decisions, than to non-precedent decisions, The AAO releases data on
7290-665: The withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding." In this way, there is recourse for one seeking information to go to a federal court if suspicion of illegal tampering or delayed sending of records exists. However, nine exemptions address issues of sensitivity and personal rights. They are (as listed in 5 U.S.C. § 552 ): The Postal Reorganization Act of 1970 (at 39 U.S.C. § 410(c)(2) ) exempts
7380-662: The workforce, the Biden administration's priorities, and Jaddou's vision for an inclusive and accessible agency. The mission statement now reads: USCIS upholds America's promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve. [REDACTED] This article incorporates public domain material from websites or documents of the United States Department of Homeland Security . Freedom of Information Act (United States) The Freedom of Information Act ( FOIA / ˈ f ɔɪ j ə / FOY -yə ), 5 U.S.C. § 552 ,
7470-453: The workings of government to public scrutiny." One of the premises of that objective is the belief that "an informed electorate is vital to the proper operation of a democracy." A more specific goal implicit in the foregoing principles is to give citizens access to the information on the basis of which government agencies make their decisions, thereby equipping the populace to evaluate and criticize those decisions. The law came about because of
7560-683: The world. A field USCIS office provides interviews for all non-asylum cases; naturalization ceremonies; appointments for information; and applicant services. USCIS Asylum offices schedule interviews only for asylum and suspension of deportation and special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Asylum offices do not provide information services. Applications are not filed at asylum offices. International offices provide services to U.S. citizens, permanent U.S. residents, and certain other people who are visiting or residing outside
7650-550: Was ruled unlawful . He remained Principal Deputy Director at USCIS for the remainder of his tenure. The United States immigration courts , immigration judges, and the Board of Immigration Appeals , which hears appeals from them, are part of the Executive Office for Immigration Review (EOIR) within the United States Department of Justice . (USCIS is part of the Department of Homeland Security.) USCIS's official website
7740-590: Was approved by Senior U.S. District Court Judge Barrington D. Parker. Suit was filed at District Court under Judge Richey, who upheld the injunction of PROFS records. Richey gave a further injunction to prevent a purging of the George H.W. Bush's administration's records as well. On counts of leaving the White House clean for the new Clinton Administration, the Bush group appealed but was denied its request. Finally,
7830-471: Was especially evident in the process of making public the FBI files on J. Edgar Hoover . Of the 164 files and about eighteen thousand pages collected by the FBI, two-thirds were withheld from Athan G. Theoharis , most notably one entire folder entitled the "White House Security Survey". Despite finding out that the Truman Library had an accessible file which documented all the reports of this folder,
7920-653: Was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress , agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches. The FOIA is commonly known for being invoked by news organizations for reporting purposes, though such uses make up less than 10% of all requests—which are more frequently made by businesses, law firms, and individuals. As indicated by its long title ,
8010-557: Was redesigned in 2009 and unveiled on September 22, 2009. The last major redesign before 2009 was in October 2006. The website now includes a virtual assistant, Emma, who answers questions in English and Spanish. USCIS's website contains self-service tools, including a case status checker and address change request form. Applicants, petitioners, and their authorized representatives can also submit case inquiries and service requests on USCIS's website. The inquiries and requests are routed to
8100-597: Was revoked on January 21, 2009, as part of President Barack Obama 's Executive Order 13489 . Public access to presidential records was restored to the original extent of five years (12 for some records) outlined in the Presidential Records Act . In 2002, Congress passed the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306 (text) (PDF) . Within this omnibus legislation were amendments to
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