How To Look Up Someone’s Immigration Status

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There are various reasons why one might want to look up someone’s immigration status. It could be for family members keeping track of a loved one’s visa application, employers verifying the work eligibility of a potential hire, or legal representatives handling immigration – related cases. However, it’s important to note that accessing someone else’s immigration information is subject to strict laws and regulations to protect an individual’s privacy. In this article, we’ll explore the proper and legal ways to look up someone’s immigration status.

Most countries have strict privacy laws in place to safeguard an individual’s immigration records. For example, in the United States, the Privacy Act of 1974 protects the personal information held by federal agencies, including immigration records. This means that unauthorized access to someone’s immigration status is a violation of their privacy rights. In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) also restricts the disclosure of personal information, including immigration – related data, without proper authorization.

In general, to legally access someone’s immigration status, you need proper authorization. This could be in the form of written consent from the individual in question. For instance, if a family member wants to check the status of another family member’s immigration application, they should obtain a signed consent form from the applicant. In an employment context, an employer may need the employee’s consent to verify their work – authorization status as part of the hiring process.

If you have the necessary authorization, in the United States, you can use the USCIS Case Status Online tool. First, you need to know the receipt number of the immigration application. This number is provided to the applicant when they file their application. For example, if your friend has applied for a green card through employment (EB – 3 category), they would have received a receipt notice with a unique receipt number.

Steps:

Go to the official USCIS website at uscis.gov.

On the homepage, look for the “Check Case Status” option.

Click on it, and you will be directed to a page where you need to enter the receipt number.

Enter the receipt number carefully and click the “Check Status” button.

The system will then display the current status of the application, such as “Received,” “Initial Review,” “Fingerprint Review,” or “Approved.”

In some cases, you may be able to submit a Freedom of Information Act (FOIA) request to obtain someone’s immigration records. However, this is usually only applicable in limited circumstances and requires a valid reason. For example, if you are a journalist researching a public – interest story related to immigration policies and the individual’s case is relevant, you can file a FOIA request. The process involves submitting a written request to the USCIS, clearly stating the information you are seeking and your reason for the request. The USCIS will then review the request and may provide the information if it does not violate the individual’s privacy rights.

In Canada, if you have the consent of the individual, you can use the Immigration, Refugees and Citizenship Canada (IRCC) online services. If the applicant has an account on the IRCC portal, they can grant you access to their application status.

Steps:

The applicant logs into their IRCC account.

They navigate to the section where they can manage access to their application.

They add your details (such as your email address) and specify the level of access you are allowed (usually just viewing the application status).

You will then receive an invitation to access the application status. Follow the instructions in the invitation to log in and view the status, which may show “Submitted,” “In Progress,” “Medical Results Received,” or “Decision Made.”

Similar to the US FOIA, Canada has the Access to Information and Privacy (ATIP) process. If you have a legitimate reason, such as a legal matter related to the individual’s immigration status, you can submit an ATIP request. The request should be made in writing, clearly stating the information you need and why you need it. The IRCC will review the request and, if approved, provide the relevant immigration information.

In the UK, if you have the permission of the person whose immigration status you want to check, you can use the UK Visas and Immigration (UKVI) online tracking system. If the applicant applied online, they can share their UKVI account details with you (if they trust you) or provide you with their application reference number.

Steps if using the application reference number:

Go to the UKVI official website at gov.uk/government/organisations/uk – visas – and – immigration.

Look for the “Track your application” link.

Click on it and enter the application reference number.

The system will then display the status of the application, such as “Application Received,” “Under Consideration,” or “Decision Issued.”

Individuals in the UK can make a Subject Access Request (SAR) to obtain their own immigration records. If you are legally authorized to act on someone’s behalf (for example, if you are their legal representative), you can also submit an SAR on their behalf. The request should be made in writing to the UKVI, clearly stating your relationship with the individual and the information you are seeking. The UKVI will then respond with the relevant immigration information within a specified time frame.

Immigration lawyers have access to certain channels and resources to check their clients’ immigration status. If you are representing someone legally, such as in an immigration – related court case or as an authorized legal advisor, you can use your professional network. For example, in Australia, immigration lawyers can contact the Department of Home Affairs directly through their official channels to inquire about their client’s visa application status. They usually have a dedicated contact person or email address for such inquiries. However, this is only possible when acting within the scope of their legal representation.

In some countries, accredited migration agents also play a role. For instance, in New Zealand, accredited migration agents can use their access to the Immigration New Zealand systems to check the status of their clients’ applications. They are trained and authorized to handle immigration – related matters and can provide accurate and up – to – date information to their clients or other authorized parties.

Employers have a legal obligation to verify the work authorization of their employees. In the United States, for example, employers must complete the I – 9 form for each new employee. This form requires employees to provide documents that prove their identity and employment eligibility. Employers can use the E – Verify system (in some cases) to electronically verify the information provided by the employee. However, this is limited to work – authorization verification and not a full – fledged check of an individual’s entire immigration status.

In an international context, if a company is hiring someone from abroad, they may need to work with immigration consultants or lawyers in the host country to ensure that the candidate has the proper work – related immigration status. For example, a Canadian company hiring a software engineer from India would need to work with an immigration professional in Canada to understand the requirements for sponsoring the employee’s work visa and to verify the status of the visa application.

Family members often want to support each other during the immigration process. If you are helping a family member with their immigration application, you can play a role in checking the status. However, as mentioned earlier, you need to have the family member’s authorization. For example, if your sibling is applying for a student visa in the UK, and they give you permission, you can use the UKVI online tracking system to check if any additional documents are required or if the application has been approved.

In cases of family reunification, such as a spouse applying for a visa to join their partner in a foreign country, the process can be complex. The sponsoring spouse may need to check the status of the application regularly. They can do this through the official government channels with the proper authorization. In some countries, there may also be support groups or community organizations that can provide guidance on how to check the status and what to expect during the family – reunification immigration process.

Unauthorized access to someone’s immigration status can lead to severe legal penalties. In the United States, for example, violations of the Privacy Act can result in civil and criminal penalties. Civil penalties can include fines, and in more serious cases, criminal charges can be filed, which may lead to imprisonment. In Canada, violations of PIPEDA can also result in significant fines for individuals or organizations that access personal information, including immigration records, without proper authorization.

Beyond the legal consequences, there are ethical considerations. Respecting an individual’s privacy is important. Unauthorized access to someone’s immigration status can violate their trust and may cause emotional distress. For example, if an employer secretly checks an employee’s immigration status without permission, it can create a hostile work environment and damage the employer – employee relationship.

Looking up someone’s immigration status is a process that must be carried out with care and in accordance with the law. Whether through official government channels with proper authorization, using the services of legal representatives, or in the context of employment – related or family – related checks, it’s crucial to respect the privacy and rights of the individual. Understanding the legal framework, the available methods, and the potential consequences of unauthorized access is essential. By following the proper procedures, you can obtain the necessary information while ensuring that you are acting legally and ethically. Remember, immigration status information is sensitive, and its handling should be done with the utmost responsibility.