Form G-639 used to require a residential address; the new version thankfully requires only a mailing address.
Many people who are here without legal status or who have certain criminal or immigration violations may be
concerned about giving the government their current physical address through a FOIA request. We are unaware
of anyone currently being picked up by immigration authorities based on filing a FOIA request; however, there
is no guarantee. It is always safest to list a mailing address (e.g., a post office box) instead of a residential
address. If the mail is sent to someone other than the subject, include an “In Care of [Name]” as part of the
mailing address.
Items 5 – 7: Contact Information for the Subject of Record
Providing contact information for the subject is optional. If the subject is represented by the requester, we
recommend not providing contact information for the Subject, and thereby forcing DHS to contact only the
requester if there is any question. If you do provide contact information for the subject, include only telephone
numbers and email addresses that are regularly checked and not likely to change in the foreseeable future to
avoid delays.
Items 8.a. – 8.c.: Signature of the Subject of Record
Whether the FOIA request is made by a person seeking her own file or another person’s file, the subject must
either: (1) provide their signature before a notary public in item 8.a., or (2) sign the declaration under penalty
of perjury in item 8.b. The subject should choose one and not sign both.
✓ Notarized Affidavit of Identity – The subject should read and understand the certification, which
states that they agree to pay costs incurred for the request up to twenty-five dollars, and that they
consent to USCIS releasing their file to the requester named on the form. In the presence of the
notary, the subject should sign their complete name above the Signature of Subject of Record line
and write the date on which the form is signed above the Date of Signature line. The notary must
provide the date on which they witnessed the signing of the form, their daytime telephone number,
their signature, and the date on which their commission expires.
Notaries outside of the United States perform different functions and have differing levels of
authority. Before signing this document outside of the United States, research the various
requirements that will need to be satisfied before DHS recognizes the signature of a foreign notary.
✓ Declaration under Penalty of Perjury – The subject may choose to sign the declaration under penalty
of perjury. By signing the statement, the subject verifies under penalty of perjury that the information
on the form is complete, true, and correct and that they agree to pay up to twenty-five dollars for the
request. By signing, the subject also consents to release documents to the requester listed in Part 3
of the form. If the subject chooses this option, their must sign under the statement.
✓ Deceased Subject of Record – If the subject of Record is deceased, the requester must provide a
copy of the obituary, death certificate, funeral memorial, or other proof of death before any records
are released.
✓ Minor Subject of Record – If a parent and/or legal guardian is submitting a FOIA on behalf of a minor
or someone under a legal guardianship, they must show proof of that relationship.
✓ Submitted without Consent of Subject – If the requester cannot get a signature from the subject
(such as in the case of an estranged relative), the agency will respond to the FOIA request with
information that is in the public record or that does not violate the subject’s personal privacy
interests.
E. Part 5: Processing Information
Here the requester can request expedited processing if the listed circumstances apply to their FOIA request.
Also, if they have a pending immigration court hearing, they should check the box Yes in Item 2, and they will
be processed as Track 3, accelerated request, for USCIS. A notice of an upcoming scheduled hearing must be
attached.