Waiting on Your A-File? Compel the Records.
FOIA requires the government to respond within strict deadlines. When USCIS, ICE, or CBP blows past them, a federal lawsuit can force release of your immigration records.
When an Agency Ignores Your FOIA
You need your immigration file — your A-file, your record of proceedings, or other records — to fight a case, prepare an application, or understand what the government has on you. You filed a FOIA request and heard nothing, or got stalled in a “complex track” queue for many months.
Unlike most benefit adjudications, FOIA has a hard statutory clock — and courts enforce it.
The Legal Basis
The Freedom of Information Act (5 U.S.C. § 552) generally requires an agency to determine whether to comply within 20 business days. When an agency fails to respond within the statutory time, you are deemed to have exhausted administrative remedies and may file suit in federal court to compel a response and the release of records.
A FOIA lawsuit puts a judge and a government attorney on the case — which routinely converts an ignored request into a prompt production of records.
How the Process Works
Delay Analysis
We review your receipts, processing times, and history to confirm the delay is unreasonable and that a federal court has jurisdiction.
File the Complaint
We file a complaint in the proper U.S. District Court naming the responsible officials and demanding a decision on your case.
Government Is Served
The government has roughly 60 days to respond. Very often the agency simply adjudicates the case rather than defend the delay.
Resolution
Your application is decided — frequently within weeks to a few months of filing. You finally get the decision you were owed.
Frequently Asked Questions
Generally 20 business days to make a determination, with a possible short extension for unusual circumstances. Long delays past that clock are actionable in federal court.
Commonly your A-file (Alien File), record of proceedings, prior applications, and notes. The exact records depend on the agency (USCIS, ICE, CBP, or EOIR) and your request.
Because ignored FOIA requests can sit for a year or more, and you often need the records on a deadline — for a court case, an application, or relief. A lawsuit forces movement and can also recover certain costs.
They are close cousins. FOIA has its own enforcement provision, so FOIA delays are typically litigated under the FOIA statute itself, while benefit-adjudication delays use mandamus and the APA. The office handles both.