The recent refusal by USCIS to release I-213 forms and other immigration records upon request represents a notable shift in transparency and evidence accessibility. Historically, these records, which document apprehensions or arrests, have been used by applicants and legal representatives to clarify immigration history and support waiver or adjustment applications. From a practical standpoint, especially for executives and investors navigating complex immigration pathways such as L-1, EB-1C, and EB-5, this change necessitates a reassessment of evidence strategies.

Previously, when clients faced Requests for Evidence (RFE) or Notices of Intent to Deny (NOID) citing adverse immigration encounters, obtaining the I-213 record allowed us to directly address and mitigate concerns. The I-213, as outlined in USCIS policy manuals and relevant CFR sections (8 CFR 103.2(b)(16)), often provides critical context that can differentiate between minor incidents and disqualifying conduct. Without access to these records, applicants risk facing denials based on incomplete information.

From our casework over the past two years, we have seen at least 15% of corporate immigration cases involving L-1 and EB-1C petitions encountering RFEs related to past immigration history where I-213 evidence was pivotal. One recent example involved a fintech executive whose L-1B renewal was initially questioned due to a prior border apprehension. By presenting the I-213 record, we clarified the circumstances, leading to approval. Under the new refusal policy, such direct evidence may no longer be obtainable, increasing uncertainty.

Attorney Insight
Given this shift, we recommend two immediate actions for clients and their legal teams: First, proactively request and secure any relevant I-213 or related records early in the immigration process, preferably before filing petitions or adjustment applications. This can be done through FOIA requests, which currently remain a viable channel but may require extended processing time. Second, prepare comprehensive alternative evidence packages that include affidavits, official police or court documents, and detailed personal statements to compensate for the absence of USCIS-provided I-213 forms.

For EB-5 investors, who often face heightened scrutiny on admissibility and background checks, the inability to access I-213 records means relying more heavily on documentation from the country of origin and third-party verifications. Ensuring that all background information is transparent and well-supported reduces the risk of USCIS issuing adverse findings based on unverified or incomplete data.

From a regulatory perspective, this refusal aligns with USCIS’s broader tightening on record disclosures, but it is not codified in a formal CFR amendment yet. Nevertheless, 8 CFR 103.2(b)(16) still governs evidence submission and review standards, which means applicants must be prepared to meet evidentiary burdens without relying on USCIS to provide certain records. We anticipate that this policy may lead to more RFEs and denials if applicants are not adequately prepared.

Attorney Insight
In summary, the refusal to release I-213 and related immigration records is a structural change that impacts evidence strategies across multiple visa categories, particularly for corporate immigration clients. Our experience suggests that early evidence collection and robust alternative documentation are now more critical than ever. We advise clients to consult with their legal counsel promptly to review existing documentation and identify potential gaps.

What this means for you: If you are preparing an L-1, EB-1C, or EB-5 petition, start the FOIA process now to secure any I-213 or related records and build a detailed evidence portfolio. This proactive approach can save months of delays and reduce the risk of adverse decisions based on incomplete records.

Data Sources

[1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov [3] 8 CFR 103.2(b)(16), uscis.gov