How to Get a Copy of Your Approved I‐140 Notice

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When your Form I-140 petition is approved, you will receive a Form I-797 Notice of Action. You can get a copy of this notice by sending a request to the United States Citizenship and Immigration Services (USCIS) department. However, you might want a copy of the Form I-140 petition itself. In this situation, you will need to make a Freedom of Information Act (FOIA) request to USCIS.

Method 1
Method 1 of 2:

Requesting a Copy of Your Approval Notice

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  1. This is the form you need to fill out to get a copy of your Form I-797 Notice of Action. The form is available for download from the United States Citizenship and Immigration Services (USCIS) website. You should download it in PDF format and also get a copy of the instructions. [1]
    • You can also request a form by calling 1-800-375-5283.
    • You cannot use this form if your approval notice has expired or been revoked. [2]
  2. If available, send a copy of the original I-140 petition. If you don’t have a copy, then ask your employer to provide you with one. However, if you don’t have it, then you don’t need to include it. [3]
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  3. If you have your Form I-797 (but want an additional copy), then send a copy along with your application. [4] You need to submit both the front and the back.
    • If you don’t have the Form I-797, then you don’t need to send it.
  4. You can complete the form in PDF format. Type in the requested information. Answer all questions and type “N/A” or “not applicable” to anything that applies. The form will ask for the following information: [5]
    • your reason for the request: check “A duplicate approval notice”
    • name
    • date of birth
    • country of birth
    • identifying information, such as Alien Registration Number, Social Security Number, IRS Tax Number, etc.
    • mailing address
    • physical address
  5. You have to pay a $405 filing fee. Make your check or money order payable to “U.S. Department of Homeland Security.” Don’t use abbreviations like “DHS” or “USDHS.” [6]
    • Fees are subject to change. You should call 1-800-375-5283 for updated fee information.
  6. Make a copy of your complete application for your records. Then put your application in a secure envelope and mail it to the appropriate address. You can get the appropriate address by calling the National Customer Service Center at 1-800-375-5283. [7]
    • USCIS might contact you for more information. Please provide requested information promptly.
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Method 2
Method 2 of 2:

Obtaining a Copy of the Form I-140 Petition

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  1. Your employer files a Form I-140 petition when they want to sponsor you as an immigrant worker. Filing the form is necessary so that you can become a legal permanent resident in the U.S. and work here. [8] Because your employer submitted this petition, you should ask them for a copy.
    • Sometimes, however, your employer won’t give you a copy of the petition. In this situation, you will need to file a Freedom of Information Act (FOIA) request.
    • Only submit an FOIA request if the petition has been approved. You cannot request a copy of a petition that is under consideration. Instead, call 1-800-375-5283 for inquiries about the status of your application. You can also call the United States Citizenship and Immigration Services (USCIS) office where the petition was filed. [9]
  2. This is the Freedom of Information Act request form. You should download the form and its instructions. [10] You can also get a copy of the form by calling 1-800-375-5283.
    • You don’t have to use the form. However, all requests must be in writing, and using the form is probably easiest.
  3. Provide requested information by using a typewriter or writing clearly in black ink. If you need extra space to answer a question, then you can attach a sheet of paper. Make sure to put your name and Alien Registration Number (if applicable) at the top of each sheet. Also clearly identify the page number, part, and item number your additional information refers to.
    • If a question doesn’t apply to you, then write “N/A” or “not applicable” in the space. Don’t just leave it blank.
    • Make a copy of the form for your records.
  4. You will need to sign the form under penalty of perjury or in front of a notary public. You can find notaries in courthouses, town offices, and most large banks. Take acceptable forms of identification (such as a valid state-issued ID or passport) with you to the notary.
    • If you are requesting a copy of someone else’s Form I-140, then you must get his or her permission. Typically, getting them to sign this form is sufficient.
  5. Generally, it can take USCIS a month to process your request. However, you can request that USCIS speed up the process if you have a valid reason. [11]
    • For example, you might be in removal proceedings. If you are, then you should make a copy of your Notice to Appear or Notice of Hearing. You will need to submit these documents with your FOIA request.
    • Also write a letter explaining in detail why you urgently need the information. You need to sign the letter under penalty of perjury. Include the following words above your signature: “The information contained in this letter is complete, true, and correct to the best of my knowledge and belief.”
  6. You typically won’t have to pay a fee. You get the first 100 pages (and 2 hours of search time) free. Because your Form I-140 is not 100 pages, you shouldn’t have to pay anything.
    • However, you might have to pay a fee if you order in bulk. For example, you might be an employer getting copies of your employees’ forms. In this situation, you have to pay ten cents per page.
    • You won’t be billed until you have accrued at least $14 in charges. By submitting the form, you agree to pay at least $25 in fees.
  7. Gather all of your documents and make a copy for your own records. You can submit your request using one of these three different methods: [12]
    • Fax: send it to (816) 350-5785.
    • Email: send the completed form and supporting documents as attachments to uscis.foia@uscis.dhs.gov.
    • Mail: send your request certified mail, return receipt requested to National Records Center (NRC), FOIA/PA Office, PO Box 648010, Lee’s Summit, MO 64064-8010.
  8. USCIS might contact you and request additional information in order to process your request. You should provide all requested information promptly to USCIS.
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      Tips

      • You should consult with an immigration attorney if you have questions about getting immigration records. Some people get a copy of Form I-140 when what they need is a copy of Form I-797. Check with an immigration attorney to identify what form you need.
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      References

      1. ↑ https://www.uscis.gov/i-824
      2. ↑ https://www.uscis.gov/sites/default/files/files/form/i-824instr.pdf
      3. ↑ http://www.immihelp.com/immigration/get-duplicate-approval-notice.html
      4. ↑ http://www.immihelp.com/immigration/get-duplicate-approval-notice.html
      5. ↑ https://www.uscis.gov/sites/default/files/files/form/i-824.pdf
      6. ↑ https://www.uscis.gov/sites/default/files/files/form/i-824instr.pdf
      7. ↑ https://www.uscis.gov/sites/default/files/files/form/i-824instr.pdf
      8. ↑ https://www.uscis.gov/i-140
      9. ↑ https://www.uscis.gov/g-639
      1. ↑ https://www.uscis.gov/g-639
      2. ↑ http://www.nolo.com/legal-encyclopedia/how-get-copy-your-immigration-file-form-g-639-foia-requests.html
      3. ↑ https://www.uscis.gov/g-639

      About This Article

      Article Summary X

      To get a copy of your approved I-140 notice, ask your employer, since they originally filed the form to sponsor you as an immigrant worker. If they refuse to give you a copy for any reason, you can file a Freedom of Information Act request. To do this, download form G-639 from the Department of Homeland Security website. Fill in the form and send it to the address provided. Generally it can take USCIS a month to process your request. However, if you need to speed up the process, for removal proceedings for example, include a letter explaining that you need it expedited and why. For more tips from our Legal co-author, including how to request a copy of your approval notice, read on.

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