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G-639 Form Questions

Form G-639 can be used by an individual to obtain specific information under the Freedom of Information and Privacy Acts. Individuals who would like to seek information about themselves must include their full name, address, and place of birth along with the request. Also, the request needs to be signed, with the signature being either notarized or signed under penalty of perjury. Listed below are a few questions answered by immigration lawyers about Form G-639.

How can I get a G639 form?

You can visit the following link to download a copy of Form G-639:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I need to request an old I-40 record by using Form G-439. What identification number can I provide for USCIS to locate the file easily?

You would have to provide as much information as possible to help them locate the file. This would include the company name and address at the time of filing, your full name, and date of birth along with any other information that might help your case. Usually, no company would file two petitions for an employer with the same name.

I have an approved petition for an H-1B, which was approved in 2006, but don’t have any H-1B papers. I am currently on an L-1B and want to know if I can use this H-1B to take up a new job with another employer.

You would need a copy of the approval notice to use the approved H-1B petition so you are not subject to the cap. To get a copy of this notice, you can file Form G-639 by visiting the link below and selecting the right form.
http://www.uscis.gov/

How can I obtain a copy or confirmation that states I did have a Green Card that was issued in either 1978 or 1979? I still have a Social Security Number and receive annual reports on the benefits status. I was a resident alien between 1979 and 1981.

What you could do is to draft a FOIA (Freedom of Information Act) Request that would specifically request for a copy or confirmation that states that you did own a Green Card back in 1978 or 1979. Ensure that you include all the identifying information you can. In order to do this, you need to visit the USCIS website at www.uscis.gov, click forms, and find Form G-639. You could also hire an immigration lawyer to help you do this so you can get the exact information you are looking for. Also, by Federal Law, you would need to send this request within 20 business days. But the truth is that a FOIA request to USCIS could average a year or more, so you need to understand that this could be a long wait or ask a lawyer to help you expedite the process.

Is it safe for me to give personal information about myself when I file an FOIA since it’s for immigration purposes? Also, if I get a notary to fill it out do I need to provide a declaration that will authorize him to get the information on my behalf?

Your personal information is safe to send to the USCIS. The USCIS Form G-639 can be used to file the FOIA. Also, Form G-639 requires the individual to either sign before a notary or sign a declaration. So you do not need to do both.

How can I find my grandparent’s naturalization paper? He was from Ireland and settled in Rochester, New York in the early 1960s where he was later buried as well.

You would need to file either a Form G-639 which is a Freedom Of Information Act (FOIA) request or file Form N-565 in order to obtain a replacement certificate. Since he is no longer living, the N-565 is not a viable option. Use the Form G-639, which is free.

If you decide to request non-public information about an individual under FOIA or PA, you would need to provide proof of consent of that person using either Form G-639 or a letter of authorization, along with appropriate verification of identity of the record subject. Remember that the Freedom of Information Act allows access to all federal agency records, except certain records that are exempted by the FOIA.
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