60-Day Public Comment Matrix

G-639 Revision
86 FR 74097
12/29/21-2/28/22

Responses to 60-Day FRN Public Comments

Comment Public Comments
#
Comment Commenter:
1.
USCIS-2008-0028-0078
Alex Calzareth
The G-639 form and the online USCIS FOIA portal have
been clearly designed under the assumption that the
requestor will either be the subject of the file or a
representative working with that person (attorney or
family member).
For the paper form, the indication that the subject of the
request is deceased should be moved to Part 2, requestor
information, as it was on earlier versions of form G-639. If
the subject is deceased, the requestor should be directed
to skip the "representative role to the subject of record" as
that cannot apply. If this adjustment is not made, at a
minimum, the "on behalf of" in 3.b should be removed so
that it says " I am requesting information on someone who
is deceased." Someone can request on behalf of the
survivors, an estate, etc., but not literally on behalf of the
deceased person.
The online form carries over these issues. The easiest way
would be to either add another option to "request records
about someone who is deceased" on the first screen in
addition to the "For Myself" and "On Behalf of Someone
Else" options. If that is not done, then requestors should
have the screens under "On Behalf of Someone Else"
customized to properly reflect the situation that the
Subject of Record is deceased.

USCIS Response

The proposed Form G-639 contains an option for third-party
requestors to request information from another person’s
immigration record.
Part 1, question 1 asks requestors to indicate the type of request
they are making. Requestors seeking information about deceased
persons may select “B. Information from another person’s
immigration record;”.
Requestors who select option B are asked to complete “Part 4.
Third-Party Requestor, along with other pertinent sections of this
form.”.
Part 4, question 3, asks “What is the relationship of the subject of
record to the third-party requestor?”. The requestor may select “[]
B. I am requesting information about someone who is deceased;”.
The proposed Form G-639 also changes “on behalf of” to “about” in
relevant sections, including those regarding deceased persons.
Part of USCIS ’process in updating Form G-639 is to mirror the
changes in our online FOIA service, FIRST. On the first screen of
FIRST, third-party requestors will be able to select “About Someone
Else” to submit a FOIA request about deceased persons.

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G-639 Revision
86 FR 74097
12/29/21-2/28/22

Responses to 60-Day FRN Public Comments

Comment Public Comments
#
In Step 1 "I am requesting information on behalf of
someone who is deceased" should be moved up to be
visible as one of the choices alongside attorney, accredited
representative and family member. Anyone can request
information on deceased individuals, not just "family
members."
In Step 3 of 5, the language shifts to “What is your father's
name" and “what is your mother's name." This is confusing
and inconsistent with the previous screens. This should say
"What is the father's name of the Subject of Record" etc..
After clicking next from the first screen of Step 3:
In a situation where the requestor has already indicated
that the subject of the record is deceased, there should not
be a section asking for contact information for that person.
Step 3 in that situation, should
1) have a checkbox for requestor to indicate that the
Subject of Record is dead and born more than 100 years
ago (in which case USCIS policy does not require separate
proof of death)
2) have language directing the requestor to otherwise
upload proof of death for the Subject of Record.
Additionally, it would be beneficial to advise requestors to
optionally include proof of death for close family members
that are deceased and the requestor expects may be
mentioned within the file

USCIS Response

USCIS will update our online FOIA service, FIRST, based on the
comment.
The online FOIA service FIRST screen shots that USCIS included for
the 60-day public comment period inadvertently did not include the
proposed changes for this Step 1 screen. USCIS has made the
changes suggested by the commentor so FIRST and these changes
mirror the proposed G-639 form changes.
Thank you for your comment. The proposed G-639 and Online FOIA
service FIRST screen shots have been updated with this
information.
Thank you for your comment. The proposed Online FOIA service
FIRST screen shots have been updated with this information.
For example, when a user selects "I am requesting information
about someone who is deceased", we will not ask them to provide
the subject of record's contact information on page nine of these
example screens.
USCIS will not be making additional changes as a result of this
comment.

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G-639 Revision
86 FR 74097
12/29/21-2/28/22

Responses to 60-Day FRN Public Comments

Comment Public Comments
#
The current layout of the online form is confusing for
people who request the records of deceased individuals,
which increase the burden of completing the form.
Requestors have to guess how to complete the form and
where to supply proof of death instead of having this
clearly spelled out. Greater consideration of these types of
requestors will reduce the burden of both the requestors
and of the USCIS personnel processing these forms.

USCIS Response

Comment Commenter:
2.
USCIS-2008-0028-0077
Alec Ferretti
The G-639, and its online iteration in the FIRST system
adequately allows most individuals to request documents from
the agency, however, the form is very rigid, and does not
account for many circumstances that arise. For example, FIRST
has no clear option to allow for third parties to request records
of deceased individuals. Requesters must first claim to be
requesting for a deceased “family member” and then, they must
attach proof of death in the box where it asked for a “notarized
authorization.” This confusion leads to problems of the agency
side as well, because requests of this nature are frequently
rejected, because the contractors processing them do not realize
that the fact that the subject of record is deceased allows the
documents to be released.

USCIS has made the changes suggested by the commentor and
these changes mirror the proposed G-639 form changes.
These adjustments, along with additional minor text adjustments to
subsequent screens, should clarify the experience of requesting
records about a deceased person.
Part 4, question 3 of the proposed Form G-639 asks, “What is the
relationship of the subject of record to the third-party requestor?
And offers as possible answers:
“[] A. I am an attorney or accredited representative, acting on
behalf of the subject of record
[] B. I am requesting information about someone who is deceased;
[] C. I am requesting information on behalf of my child or a minor
for whom I am a legal guardian
[] D. Other (Explain): [Fillable field]”
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G-639 Revision
86 FR 74097
12/29/21-2/28/22

Responses to 60-Day FRN Public Comments

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