G-1041 Instructions TOCs Highlights

G-1041-INS-OMB-TOC-03152016 highlighted.docx

Genealogy Index Search Request and Genealogy Records Request

G-1041 Instructions TOCs Highlights

OMB: 1615-0096

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TABLE OF CHANGES – INSTRUCTIONS

FORM G-1041

Instructions for Genealogy Index Search Request

OMB Number: 1615-0096

03/15/2016


Reason for Revision: Incorporating standard language updates and formatting changes.



Current Page Number and Section

Current Text

Proposed Text

Page 1,

What Is the Purpose of This Form?



What Is the Purpose of This Form?


Use Form G-1041 to request a search of U.S. Citizenship and Immigration Services (USCIS) historical databases. (To obtain copies of USCIS historical records, use Form G-1041A, Genealogy Records Request.)


Requests for searches of USCIS historical databases are used to determine whether any USCIS records exist on the subject and, if such records exist, to capture the file number and/or other identifier of each record.

[Page 1]


What Is the Purpose of Form G-1041?


You should use Form G-1041 to request a search of U.S. Citizenship and Immigration Services (USCIS) historical databases. To obtain copies of USCIS historical records, use Form G-1041A, Genealogy Records Request.


Requests for searches of USCIS historical databases are used to determine whether any USCIS records exist on the immigrant and, if such records exist, to capture the file number and/or other identifier of each record.

Page 1,

Who Should Use This Form?



Who Should Use This Form?


Use this form if you are a:


1. Researcher seeking records of your ancestors for genealogical or family history purposes;


2. Historian or social scientist seeking historical records of persons you can identify by name, date of birth, and place of

birth; or


3. Researcher involved in heir location.


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Who Should Use Form G-1041?


You should use Form G-1041 if you are a:


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NOTE: For information about the Index Search process, visit Searching The Index at www.uscis.gov/genealogy.


Page 1,

When Should This Form Not Be Used?



When Should This Form Not Be Used?



This form should not be used to request a copy of a USCIS historical record or a copy of any record.


Do not use this form to request index searches for:


1. Records of naturalization prior to September 27, 1906. Consult Federal records stored at the National Archives

and Records Administration (NARA) Record Group 21, or write to the clerk of the court where the naturalization

occurred; or




2. Sea, land, or air passenger manifest lists recording arrivals prior to December 1982. For these documents, contact

NARA.
























NOTE: For any records not specifically mentioned in Form G-1041 or not available through any other USCIS program,

use Form G-639, Freedom of Information/Privacy Act Request.


[Page 1]


When Should Form G-1041 Not Be Used?


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You should not use Form G-1041 to request:


1. Records of naturalization prior to September 27, 1906. Consult Federal records stored at the National Archives

and Records Administration (NARA) Record Group 21, at www.archives.gov/research/guide-fed-records/groups/021.html or contact the clerk of the court where the naturalization

occurred;


2. Sea, land, or air passenger manifest lists recording arrivals prior to December 1982. For these documents, contact

NARA at www.archives.gov/research/immigration/;


3. Certification of Nonexistence of a Naturalization Record. All these requests must be submitted to the USCIS Records Operations Branch at www.uscis.gov/unassigned/faq/how-do-i-get-certification-non-existence-record-or-no-naturalization-record-deceased-immigrant;


4. Information related to living persons. This information must be requested from the Freedom of Information Act (FOIA) at www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request; or


5. Deportation records.



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Page 1,

What Information Is Required To Begin an Index Search?






The following information is required to initiate a search of USCIS historical indices:


1. Required Information:


A. Immigrant’s full name (last, first, and middle);


B. Alias names or variant spellings, if any;


C. Date of birth (state whether date given is exact or an estimated year); and


D. Country or place of birth.


2. Additional data will help identify a certain immigrant from others with the same name, such as:


A. Date of immigrant’s arrival in the United States (state whether the date is actual or estimated); and


B. Immigrant’s residence(s) in the United States (State, city, or exact street address - Example: “in Pennsylvania until 1938, then lived in Madison, Wisconsin.”)


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3. If the immigrant’s date of birth is less than 100 years before today’s date, you must attach documentary proof of death

to this request form. Examples of acceptable documentary proof of death include:


A. Death certificate (uncertified copy);


B. Printed obituaries, funeral programs, or photographs of gravestones;


C. Bible, church, or other religious records;


D. U.S. Social Security Death Index records (individual records only, not lists);


E. Records relating to the payment of death benefits; and/or


F. Other documents demonstrating that the immigrant subject of the request is deceased.


Submit copies of these items with this request form. Do not include original records because such documents will not be

returned.

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What Information Is Required To Begin an Index Search?


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C. Date of birth (provide whether date given is exact or an estimated year); and




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A. Date of the immigrant’s arrival in the United States (provide whether the date is actual or estimated); and


B. The immigrant’s residences in the United States including exact street address, city, and/or state. (For example, you could type or print, “in Pennsylvania until 1938, then lived in Madison, Wisconsin.”)

[Page 2]


3. If the immigrant’s date of birth is less than 100 years before today’s date, you must attach documentary proof of death to this request. Examples of acceptable documentary proof of death include:



A. Death certificate (uncertified copy);


B. Printed obituaries, funeral programs, or photographs of gravestones;


C. Bible, church, or other religious records;


D. U.S. Social Security Death Index records (individual records only, not lists);


E. Records relating to the payment of death benefits; and


F. Other documents demonstrating that the immigrant of the request is deceased.



Submit a copy of one of these items with this request. Do not include original records because USCIS will not return such documents.



Page 2

What If the Required Information Is Not Provided?







No search can be made without you providing at least the immigrant’s name, year of birth, and country of birth.

If the immigrant appears in USCIS records under a name other than that provided, no matching record will be returned.

We will search alternative names only if you provide the names, spellings, and aliases. Similarly, if multiple immigrants

with the same name appear having the identical birth year and country, no matching record will be returned. Only if

you provide additional information (e.g., actual or estimated date of arrival or naturalization, or place of residence when

naturalized) can we identify an immigrant from among others with the same name.


NOTE: We will consider foreign versions to be the same name. Example: Giuseppe and Joseph, which are different

spellings of the same name.


To learn about various foreign spellings of common names and about alternate sources for some USCIS record file

numbers, visit the USCIS Genealogy Program Web site at www.uscis.gov/genealogy.

[Page 2]


What If the Required Information Is Not Provided?



USCIS cannot make any search without at least the immigrant’s name, year of birth, and country of birth. If the immigrant appears in USCIS records under a name other than that provided, we will return no matching records. We will search alternative names only if you provide the names, spellings, and aliases. Similarly, if multiple immigrants with the same name appear having the identical birth year and country, we will return no matching records (for example, actual or estimated date of arrival or naturalization, or place of residence when naturalized.) USCIS can identify an immigrant from among others with the same name only if you provide additional information.


NOTE: We will consider foreign versions of names as the same (for example, Giuseppe and Joseph, which are different

spellings of the same name.)


To learn about various foreign spellings of common names and about alternate sources for some USCIS record file

numbers, visit the USCIS Genealogy Program Web site at www.uscis.gov/genealogy.


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[Page 2]


General Instructions


USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


Signature. Each request must be properly signed and filed. For all signatures on this request, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the request on your behalf. A legal guardian may also sign for a mentally incompetent person.


Filing Fee. Each request must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)


Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Information Is Required To Begin an Index Search section of these Instructions.



Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you.



Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification should also include the date, the translator’s signature and printed name, and may contain the translator’s contact information.


How To Fill Out Form G-1041


1. Type or print legibly in black ink.


2. If you need extra space to complete any item within this request, use the space provided in Part 4. Additional Information or attach a separate sheet of paper.


3. Answer all questions fully and accurately.  If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed.  If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.


We recommend that you print or save a copy of your completed request to review in the future and for your records.


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[Page 3]

What Evidence Must You Submit?

You must submit all evidence requested in these Instructions with your request. If you fail to submit required evidence, USCIS may reject or deny your request for failure to submit requested evidence or supporting documents in accordance with 8 CFR 103.2(b)(1) and these instructions.

Page 2,

What Is the Fee?



What Is the Fee?


You must submit a fee of $20 with this form to request a genealogy index search.

Use the following guidelines when you prepare your check or money order for filing the fee:










1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2. Make the check or money order payable to U.S. Department of Homeland Security, unless:


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”


3. If you live outside the United States, contact the nearest U.S. Embassy or consulate for instructions on the method of

payment.



Notice to Those Making Payment by Check. If you send us a check, it will be converted into an electronic funds

transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your

account for the amount of the check. The debit from your account will usually take 24 hours and will be shown on your

regular account statement.


You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the

EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the

EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times.

[Page 3]


What Is the Filing Fee?


The filing fee for Form G-1041 is $20.


NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this request. DO NOT MAIL CASH. You must submit all fees in the exact amounts.



Use the following guidelines when you prepare your check or money order for the Form G-1041 filing fee:



1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2. Make the check or money order payable to U.S. Department of Homeland Security.


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Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If USCIS cannot complete the EFT because of insufficient funds, we may try to make the transfer two additional times.


How To Check If the Fees Are Correct


Form G-1041filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.


1. Visit the USCIS Web site at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.




Page 3,

Where Should You Mail the Request?



Where Should You Mail the Request?




Mail your request to:

U.S. Citizenship and Immigration Services

Genealogy Program

P.O. Box 805925

Chicago, IL 60680-4120

[Page 4]

Where To File?

Please see our Web site at www.uscis.gov/G-1041 or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file this request. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


Page 3,

Address Changes





If you have changed your address, you must inform USCIS of your new address. For information on filing a change of

address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service

Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.



NOTE: Do not submit a change of address request to USCIS Lockbox facilities because USCIS Lockbox facilities do not

process change of address requests.



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Processing Information


Initial Processing. Once USCIS accepts your request, we will check it for completeness. If you do not completely fill out this request, you will not establish a basis for your eligibility and USCIS may reject or deny your request.


Requests for More Information. We may request that you provide more information or evidence to support your request. We may also request that you provide the originals of any copies you submit. USCIS will return any requested originals when they are no longer needed.


Page 3,

USCIS Forms and Information





To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain

the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USICS

forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling our

USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.

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Page 3,

Privacy Act Notice



Privacy Act Notice


We ask for the information on this form, and associated evidence, to determine if you have established eligibility for the

immigration benefit for which you are filing. Our legal right to ask for this information can be found in the Immigration and Nationality Act, as amended. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may delay a final decision or result in denial of your Form G-1041.

[Page 4]


USCIS Privacy Act Statement


AUTHORITIES: The information requested on this historical records search request, and the associated evidence, is collected pursuant to 8 CFR section 103.38 through 103.41.


PURPOSE: The primary purpose for providing the requested information on this request is to request a search of USCIS historical database to determine whether an USCIS records exist on an immigrant and identify the file number and/or other identifier of each record, if available, as well as the associated fee for each file.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, prevents USCIS from processing your request.


ROUTINE USES: Information provided may be used by and disclosed to DHS personnel and contractors or other agents who need the information to assist in activities related to your request.

The information may be shared in accordance with approved routine uses, as described in the associated published system of records notices, [DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records], which can be found at www.dhs.gov/privacy.


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Paperwork Reduction Act





An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection

of information unless it displays a currently valid OMB control number. The public reporting burden for this collection

of information is estimated at 30 minutes per response, including the time for reviewing instructions and completing and

submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information,

including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0096. Do not mail your completed Form G-1041 to this address.

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Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 30 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the request, attaching necessary documentation, and submitting the request. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0096. Do not mail your completed Form G-1041 to this address.




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