USCIS may require one or more original documents to be filed with an application or petition. Sometimes, original documents you provide to the Officer during an interview aren’t returned by the end of the interview. Often, this occurs when an application or petition requires the applicant to provide a document specifically created to give to USCIS. Some examples include attestations, document translations, or labor certifications from the Department of Labor.
USCIS considers documents created specifically for presentation to USCIS and required by the application or petition to be part of the application and not eligible for return via the Request. However, you can specifically request the return of some original documents
Important Considerations
The USCIS may also request additional original documents aside from the specific application or petition required. These requests may occur verbally during an interview or in writing via mail. Original documents requested for applications and petitions remain part of the USCIS record. However, these are eligible for return via the Request for Return of Original Documents (Form G-884).
You must provide two forms of a valid ID with the Request for the Return of Original Documents. If you submit a Request for documents pertaining to someone else, you must also provide proof of the relationship between yourself and that person.
Request Return of Original Documents
One Request may recover multiple documents from the USCIS. However, if you request multiple original documents, they must all be from the same person’s file. You must file a separate G-884 for each individual. There is no filing fee on a Request for Return of Original Documents.
If you believe that the USCIS has your original documents or has not returned your documents, don’t hesitate to file the G-884. It can save you money.
For example, requesting a new copy of a birth certificate in New York costs between $30 and $53, depending on how you order it. Or, in Texas, requesting a new copy of a birth certificate is $22, with an optional $5 expedite fee.
Freedom of Information Act (FOIA)
Lastly, if you wonder what records the USCIS or other government agencies have on you, you may request a FOIA (Freedom of Information Act).
If you have any questions on filing the Request for the Return of Original Documents or Request Records through the Freedom of Information Act or Privacy Act, please contact us for a free consultation.
We Can Help
Finally, please be aware that regulations are rapidly changing. If you have any questions concerning family members traveling to the United States, we can help you determine whether they qualify.
Migration Resource Center views each case as unique; therefore, it is essential to consult with legal counsel before starting your case as some other options may be available. Of course, you may always contact us to begin your consultation. Please call us at (646) 609-8805 or use our webform to schedule a free immigration consultation.
By: Tom De Kesel, MRC Immigration Attorney & Ishika Bhasin – November 23, 2021
Sources of more information:
- Original Documents information: https://www.uscis.gov/archive/how-do-i-know-if-i-need-original-documents
- The G-884 form: https://www.uscis.gov/g-884
- Form Instructions: https://www.uscis.gov/sites/default/files/document/forms/g-884instr.pdf