(3) POLICY: Placing all U.S. Citizen/Sponsor information into Alien Files – Refusing to maintain files on U.S. Citizens/Sponsors


Summary:

USCIS refuses to maintain files on U.S. Citizens/Sponsors and instead places all U.S. Citizen/Sponsor information into alien files.

This ensures:

  • The alien is granted complete and total access to any information the U.S. Citizen/Sponsor supplies to USCIS, whether that information is about the alien or about the U.S. Citizen’s/Sponsor’s own contract and business relationship. This includes personal identifying information.

And

  • USCIS withholds any of the U.S. Citizen’s/Sponsor’s OWN information from the U.S. Citizen/Sponsor. Any individual may therefore, provide USCIS with information regarding ANY U.S. Citizen or Sponsor, whether true or false, and USCIS will maintain that information, while denying the U.S. Citizen/Sponsor complete and total access to the information “about them.”

And

  • S. Citizens/Sponsors are denied the opportunity to ever correct any incorrect information maintained by USCIS on them, because they are being denied the opportunity to review what is actually maintained on them by USCIS.

U.S. Citizens/Sponsors are considered to be applicants and petitioners just as immigrants are. U.S. Citizens/Sponsors sign and submit applications and make payments for those applications, just as immigrants do. However, a difference in country of origin and citizenship status determines whether USCIS will maintain a file on the individual and ultimately grant them access to any information “pertaining to” them.

The Privacy Act of 1974, states:

(d)Access to Records.—Each agency that maintains a system of rec­ords shall—

 

(1)upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual’s record in the accompanying person’s presence;

 

Yet, USCIS is intentionally refusing to maintain records on U.S. Citizens/Sponsors to circumvent the Privacy Act laws which would otherwise grant the U.S. Citizen/Sponsor complete access to their own information.

The department of Justice has warned against the possibility for this abuse in their “Overview of the Privacy Act of 1974” stating, "Indeed, a major criticism of the Privacy Act is that it can easily be circumvented by not filing records in name-retrieved formats See Privacy Commission Report at 503-04 & n.7, available at http://epic.org/privacy/ppsc1977report.  Recognizing this potential for abuse, some courts have relaxed the “actual retrieval” standard in particular cases...  Moreover, certain subsections of the Act ... have been construed to apply even to records not incorporated into a 'system of records.'"

USCIS has utilized this policy to further violate U.S. Citizen and Sponsor rights, by denying U.S. Citizens/Sponsors access to any (false) allegations made against the U.S. Citizen/Sponsor, including false allegations of “neglect,” or other wrong doing, which when made by the immigrant results in the immigrant’s obtaining of a VAWA waiver, and the sponsor forced into an I-864 contract indefinitely for infinite amounts, without ever having been granted due process.

National Security:

With allegations and evidence never being reviewed by the accused (U.S. Citizen/Sponsor) fraud is rampant. Currently the easiest method to a green card is marriage + false allegations of neglect, which never go reviewed or challenged by the accused. Without full review by the subject of the allegations/evidence, the United States Government is victim to rampant fraud within the immigration system.

Often times, communications from informants/witnesses to USCIS include information which would allow the alien to identify the informant and take retaliatory action against him/her for providing such information to USCIS. Yet, USCIS continues to place all information submitted to USCIS into the alien’s file, which is easily accessed by the alien upon his/her request. This policy has a chilling effect on the public’s right to inform the government of a crime and is therefore prejudicial to the administration of justice.

Other Legal Issues:

U.S. Citizen/Sponsor contract holders are denied even a simple copy of the I-864 contract they signed and hold with USCIS, because USCIS places that contract into the alien’s file. This also means that USCIS denies the U.S. Citizen access to anything “pertaining to” the I-864, knowledge of even the mere status of the contract, anything pertaining to the “consideration” for the contract, knowledge of when USCIS revokes the consideration for the contract or any ability to argue and/or provide evidence of the contract’s unenforceability.

This policy is in violation of contract laws and leads to further violations of other contract laws. USCIS also failed to disclose this material information within the I-864 contract itself. USCIS even denies the sponsor information regarding the I-864 when USCIS has already found the immigrant engaged in fraud.

The same sponsors, who are denied access to the (false) allegations against them, are also then held into an I-864 contract, due to the false allegations presented to USCIS. This results in a denial of due process, and for fraud to be perpetrated upon the United States Government, and for the U.S. Government to perpetrate fraud upon the sponsor or hide any breach of contract from the sponsor. The U.S. Citizen/Sponsor is never granted knowledge of whether the U.S. Government is even upholding their side of the I-864, including their enforcement of perjury and other immigration laws.

Sponsors are also required to have access to the sponsored alien’s status when filing for subsequent sponsorship applications and information that is maintained on the sponsored alien is then referred to and relied upon when USCIS makes subsequent sponsorship application adjudications. Yet, USCIS continues to refuse sponsors access to the information they require them to have access to.  Worse, USCIS denies sponsors access to information pertaining to them or any ability to correct errors within the record, yet fully relies on that information when determining sponsor eligibility for future applications.

Ultimately, sponsors are unable to ever argue before USCIS why their I-864 contract was entered into by way of fraud nor have that contract declared null & void, or file for breach.