My father was born in Canada and, as far as I know, resides there. I haven't seen or heard from him in twenty years. I'm trying to get a copy of his birth certificate so that I can make a correction to my US birth certificate. Ontario says unless I provide his death certificate, I'm not permitted to request a copy. As far as I know, I'm his only child and next of kin. USCIS said that a copy of his birth certificate would be in his A File. He entered the US as a child. Would submitting a FOIA request without his signature be successful?
No, you have no ability to obtain another person's file without their signature.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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. Shusterman's statement above does not create an attorney/client relationship.
If you are requesting someone else's file without their signature, you are likely to get a blank FOIA response. You may want to try contacting the state's vital records office where your father was born and try your luck with them.
The above communication is for general information purposes only and does not create an attorney-client relationship. To provide accurate information pertaining to your situation, you would need to attend a private consultation where you and your attorney can discuss all the factors that may apply to your particular situation in order to determine if there is any immigration benefit available to you.
You would need his signature in order for a successful FOIA request.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
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