What are the risks of an illegally present person requesting a FOIA?

Asked over 1 year ago - San Jose, CA

I consulted an attorney and she said it will take 4-6 before the documents can be returned (but I did research and it looks like less?). She also said there is no risk for this individual because she would be requesting these documents. However, I am skeptical as the documents ask for the individual to sign within the U.S. and provide address where the person lives. Looking for a 2nd opinion. Thank you.

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    17

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    Answered . Better to have an attorney file the FOIA. That way, there is no need for you to reveal your address.

    Please click the link at the very bottom for additional information.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Gintare Grigaite

    Contributor Level 18

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    Lawyers agree

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    Answered . Yes, you must sign the request form, but there is usually no risk involved, unless you have a criminal history or other. Consult with experienced immigration lawyer.

    Follow Gintare Grigaite, Esq. on Facebook (search for Gintare Grigaite, Esq.). Contact immigration lawyer Gintare... more
  3. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . Theoretically that you will point out your existence and address. Practically, none. Not in CA and not after the Morton Memo in place unless you have criminal history which, depending on the history, could cause a different answer on my part.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. J. Christopher Keen

    Contributor Level 9

    6

    Lawyers agree

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    Answered . There is very little risk. I have never heard of ICE combing through FOIA requests just to target undocumented individuals, especially considering the relatively recent priorities. So, if there is a criminal history or this person is considered a fugitive for some reason, there potentially could be a problem, but I have never seen that in over a decade of filing FOIA requests.

  5. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . Locating the undocumented alien and detention for removal proceedings.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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