Foia Request; With USCIS And EOIR: What Do I Need To Submit as Supporting Evidence to Expedite?

I'm gonna file a FOIA request with both USCIS and EOIR. I want to request an expedited processing. Do I need to submit with my FOIA request any evidence in support of why I'm requesting expedited processing? Or do i only need to state the urgency without submitting documentary evidence?

In order to expedite the FOIA request, you would need to qualify for Track 3 processing by being in removal proceedings and submit any of the following:

  • Form I-862, Notice to Appear, documents a scheduled date of the subject’s hearing before the immigration judge; or
  • Form I-122, Order to Show Cause, documents a scheduled date of the subject’s hearing before the immigration judge; or
  • Form I-863, Notice of Referral to Immigration Judge; or
  • A written notice of continuance of a scheduled hearing before the immigration judge.

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.