USCIS Litigation Guidance

Andrew Free filed this request with the U.S. Citizenship and Immigration Services of the United States of America.
Tracking #



Est. Completion None
Awaiting Appeal


From: Andrew Free

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any policy, procedure, guidance, manual, or similar agency record reflecting the order of operations and loci of responsibility within USCIS upon receiving notice that a visa applicant or petitioner has filed suit against the agency in federal court challenging its failure to timely process or make a final decision on a petition or application.

This request does NOT seek:

- any case-specific information regarding specific litigation
- any records pertaining to district court actions challenging naturalization denials pursuant to the provisions of the INA providing federal judicial review as a matter of right.
- any specific legal advice regarding a particular issue from DOJ to USCIS, or within USCIS.

Rather, this request seeks records shedding light on what happens logistically between the Department of Justice and USCIS to process litigation information and determine who, where, and how decisions will be made regarding the defense of these suits.

Please task a time period including January 20, 2009 to the present.

USCIS Office of the Chief Counsel and the USCIS Director’s office are believed to be the most likely primary custodians of record, but USCIS’s domestic field offices should also be tasked in the event there is not formalized, national litigation response policy.

I make this request on behalf of the Al Otro Lado /#DetentionKills Transparency Initiative.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.


Andrew Free

From: U.S. Citizenship and Immigration Services

USCIS FOIA - Case status change (
Andrew Free,
Your USCIS FOIA/PA request has been submitted and assigned the following control number, COW2022000335. An Acknowledgement Letter with important information regarding your request has been electronically delivered to the myUSCIS account you created.
Please log into your account at to retrieve, view, and download the letter. (

If you have troubles logging into your account, please call the USCIS Contact Center toll-free at 800-375-5283.
For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.

Thank you,

Cynthia Munita
Director, FOIA Operations


From: Andrew Free

We hereby appeal the agency's failure to respond within the time limits set forth by the Act.

From: U.S. Citizenship and Immigration Services

A letter stating that the request appeal has been received and is being processed.