Response from CBP

[lidiajia]

hi, I requested the entry-exit history from CBP in Nov 2014, and I received the email from CBP as the follows. I'm wondering whether the responsive records meant the I94 online records?

A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-2015-******

CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions.

You have a right to appeal our withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to: FOIAAppeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177, following the procedures outlined in the DHS regulations at Title 6 C.F.R. § 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia.






Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.

 

[thecoolguysam]

hi, I requested the entry-exit history from CBP in Nov 2014, and I received the email from CBP as the follows. I'm wondering whether the responsive records meant the I94 online records?

A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-2015-******

CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions.

You have a right to appeal our withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to: FOIAAppeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177, following the procedures outlined in the DHS regulations at Title 6 C.F.R. § 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia.






Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.

i think i94 records are entry/exit records are the ones that you actually need to show your entries/exit.
FOIA records may have more information.

Here is the link:
https://i94.cbp.dhs.gov/


Check i94 website to see if it satisfies your request. You can also read i94 FAQ on CBP's website.

As you already have FOIA records, try comparing it with i94 to see the difference and you can use both to check your entry/exit and also you can submit it to CIC if they have requested it.

 

[lidiajia]

Hi thecoolguysam, thanks for your reply. I did have the I94 records but I don't have the foia ones since the email showed that the CBP determined to withhold.

 

[thecoolguysam]

Hi thecoolguysam, thanks for your reply. I did have the I94 records but I don't have the foia ones since the email showed that the CBP determined to withhold.

Did you login to your FOIA account to see if you can find anything?

 

[lidiajia]

Yes I did but nothing was there, it only showed my request to get the record.

 

[us2yow]

just wondering...

cant you provide the printout that you obtain from here (https://i94.cbp.dhs.gov/) of entry/exits and that is enough since it reflects it ?

Are you saying you need something above and beyond the TRAVEL HISTORY Printout you get from the above webpage ?

I am confused...

 

[lidiajia]

just wondering...

cant you provide the printout that you obtain from here (https://i94.cbp.dhs.gov/) of entry/exits and that is enough since it reflects it ?

Are you saying you need something above and beyond the TRAVEL HISTORY Printout you get from the above webpage ?

I am confused...

The I94 records were not accurate in my case, with several dates wrong. So I requested the FOIA , but got refused.

 

[eltorpe]

I made a request under the FOIA for a list of my entries/exits from the U.S. as well. I did not create an FOIAonline account and did not provide an email address so the records were sent to me by regular mail along with a letter that essentially says the same thing that you posted:

CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. §552 and have applied the appropriate exemptions.

With that letter, they included:
- A Passenger Activity summary listing all my entry/exit dates from the U.S.
- A page for each entry and departure from the U.S. with more detailed information such as departure and destination ports, flight information, etc.

I made this FOIA request because my online I-94 record only shows my last 2 out of 3 trips to the U.S. in the last 4 years.

 

[bambino]

eltorpe, how long did the process take?

 

[thecoolguysam]

@lidiajia
You must be concerned about incorrect exits, right? These must be land travel, correct? If yes, then it says in i94 FAQ that exits are never noted correctly while departing by land.

You should have noted that the entries would be correct but not all departures would be correct.
In that case just match i94 arrival with cbsa arrival dates. That's all.

 

[lidiajia]

Thanks for your explanation thecoolguysam. You were right about my concern about the I94. I thought the FOIA records would be accurate but I didn't expect the CBP refused to release them.

 

[eltorpe]

eltorpe, how long did the process take?

About 2.5 months.

 

[thecoolguysam]

Thanks for your explanation thecoolguysam. You were right about my concern about the I94. I thought the FOIA records would be accurate but I didn't expect the CBP refused to release them.

eltorpe was missing one record and that's why ordered FOIA records and it seems to be more accurate.
I personally haven't ordered FOIA records and compared them with i94.

eltorpe, could you please shed some light on your situation?

 

[b52shot]

eltorpe,

So was your entries/exits list from the U.S under FOIA request accurate? Where your travels made by land ? and how come they have exit records, I thought they only have entry records. The reason I'm asking is that I'm having some missing records when I travelled by land when I pulled by data from the I-94 website.

 

[thecoolguysam]

eltorpe

How did you apply for your records. Please advise the steps.