FOIA: Shedding light on family reunification processing delays

IRAP filed a Freedom of Information Act (FOIA) suit against United States Citizenship and Immigration Services (USCIS) seeking records relating to the refugee and asylee follow-to-join (FTJ) family reunification process.

Background

Refugees seeking a safe place to live are often separated from their loved ones in the process, leaving their family members behind in dangerous circumstances. To address this, Congress established the FTJ process allowing refugees and asylees to apply for their spouse and children to join them in the United States. But because of the extensive backlogs and delays plaguing the FTJ process, many refugee and asylee families have been waiting years to reunite.

USCIS is responsible for adjudicating FTJ applications and reuniting these families. But in countries where USCIS does not have an international office, it delegates this responsibility to the Department of State (DOS) . To better understand the delays faced by FTJ applicants, including how the agencies work together,  IRAP submitted a FOIA request to USCIS in January 2024 seeking memoranda of understanding between the agencies related to  FTJ processing. However, to date, USCIS has neither notified IRAP of its determination of the request nor produced responsive records. This case aims to compel disclosure of these records under the Freedom of Information Act.

Impact

IRAP represents refugees and asylees facing delays in the follow-to-join process. This case seeks to shed light on how USCIS and DOS collaborate to adjudicate FTJ applications  so IRAP can better address the delays affecting family reunification processing and assist our clients facing delays.

Case status

• October 15, 2024: Complaint is filed.