What happened years ago in your immigration history may still matter today.
Many people come to an immigration attorney with an incomplete or uncertain immigration history. They may remember entering the United States decades ago, having a family member file a petition for them, applying for a green card, or having some type of immigration proceedings – but they may no longer have the paperwork to prove what happened.
Before assuming that an old case is closed, lost, or impossible to reconstruct, it can be worthwhile to find out what the government’s records actually show.
Why Old Immigration Records Can Be Important
Immigration cases often depend on details that may be difficult to remember many years later.
For example:
- Was an immigration petition ever filed?
- Was the petition approved?
- When did the person first enter the United States?
- What type of admission or immigration status did the person have?
- Was an application for adjustment of status ever filed?
- Was there ever a removal or deportation proceeding?
- Did a parent become a U.S. citizen while a child was still a minor?
- Was an old application denied, abandoned, or approved?
The answers to these questions can be important when evaluating a person’s current immigration situation.
In some cases, an old government record may contain information that the individual does not remember or that is no longer reflected in the documents currently in his or her possession.
What If You Don’t Have Your Immigration Records?
The fact that you no longer have your immigration paperwork does not necessarily mean that the records are unavailable.
Depending on the circumstances, immigration records may be requested from government agencies through the Freedom of Information Act (FOIA) or other available record-request procedures.
Records may include information relating to prior petitions, applications, immigration proceedings, and other interactions with the government.
However, requesting records is only the first step. The records must then be reviewed carefully to determine what they show and how that information may affect the person’s current immigration situation.
Don’t Rely Solely on Memory
When an immigration history goes back many years, even small details can matter.
A person may remember entering the United States but not remember the type of visa or admission involved. Someone may remember that a relative filed a petition but not know whether it was approved. A person may believe that a case was denied when, in fact, the application was approved — or may not know that an immigration proceedings occurred years ago.
Government records can sometimes help fill in these gaps.
That is why, when dealing with an old or complicated immigration history, obtaining and reviewing the available records may be an important first step before deciding what options may be available.
Your Immigration History May Be Worth Investigating
If you have an old immigration matter and are unsure what happened, don’t assume that the absence of paperwork means there are no options.
Obtaining and reviewing available immigration records can help answer important questions:
What happened? When did it happen? What documents were filed? And what does that history mean today?
This can be particularly important in cases involving older family petitions, possible derivative or acquired citizenship, prior applications for immigration benefits, or other matters that occurred many years ago.
Have Questions About an Old Immigration Case?
If you have an old immigration case, missing immigration documents, or questions about your family’s immigration history, our Orange County immigration law office can help you determine what records may be available and whether reviewing those records may help clarify your immigration history.