My friend filed a FOIA request for i130 petition and supporting documents. However he received a response that it was denied because the need the consent of the beneficiary.(my friend was the petitioner of the I130 ). SO my friend and the beneficiary both sign a consent form to release the information. However, they did not know where to send the new requested info, so they made an error by sending it to the FOIA appeal Dept instead of requesting a new one. What should they do? should they file a new FOIA with the info. or should they wait and see what the appeal dept say? How long will the appeal section take? and since its not really an appeal is there a possibility that they would send it to the correct dept?its a lawyer that send it to the appeal dept
FOIA requests can be complicated. They need to be sent to the correct department of the US government, with the proper documentation and/or consent. Sounds like your friends could benefit from attorney representation on the process.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
To pick up where the colleague left off, it is a good idea to actually talk to an immigration lawyer ahead of time for both strategic analysis and tactical suggestions. Swimming in the dark is never a good strategy.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
FOIA requests can be frustrating and take a long time. Discuss the case with the attorney who submitted the appeal to determine if resubmitting the request would make more sense.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
File a new request. It may be wise to retain an attorney to help you with this to make sure you do it the right way this time. If you have an attorney, then consult that attorney.
This answer is provided for information only by an Immigration Attorney with over 22 years of experience in immigration law. It is not legal advice nor establishes an attorney-client relationship between you and KVJ Immigration Law Office, PA. Please consult with an immigration attorney to obtain confidential legal advice based on your specific situation and the facts in your case.
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