USCIS Proposes Changes to Genealogy Records Program
USCIS wants to rewrite the rules for its genealogy records program — the system people use to dig up old immigration files on deceased relatives. The agency says the current rules leave requesters confused about which records USCIS actually holds versus which have moved to the National Archives. A proposed rule published in 2026 aims to fix that, and the public has until October 20, 2026 to weigh in.
USCIS published a proposed rule in 2026 that would change how it explains the genealogy records request program — the system that lets people access old immigration files for family history research. The agency says the current rules do not clearly explain which records are available and which are not, due to federal records laws and retention schedules.
What the proposed rule would change
The proposed change would update USCIS regulations to better reflect federal records requirements. In plain terms: some old immigration records are held by USCIS, while others have been transferred to the National Archives and Records Administration (NARA). USCIS says delays in transferring files to NARA have happened because of how the old Immigration and Naturalization Service (INS) organized its records over the decades. The new rule would help people understand upfront which records they can request from USCIS and which they need to seek elsewhere. USCIS confirmed the proposed rule would not change the fees for requesting historical records.
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This matters if you are researching an ancestor's immigration history — for example, to support a family reunification visa petition, a green card application, or simply to document your family's past. Knowing where the records actually are saves time and money. If you request a file that USCIS no longer holds, your request will not succeed, and you may need to contact NARA directly instead.
What to do
- If you plan to request old immigration records through the USCIS genealogy program, check the current guidance at uscis.gov/records/genealogy before submitting.
- To comment on the proposed rule, go to regulations.gov and search for Docket No. USCIS-2026-0331. Comments must be in English and submitted online — USCIS is not accepting mailed, emailed, or hand-delivered comments.
- The public comment period closes on October 20, 2026. Submit your comment before midnight Eastern Time on that date.
- If you cannot submit online, call the USCIS Regulatory Coordination Division at (240) 721-3000 for alternate instructions.
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Old INS records can be critical evidence in family-based immigration cases — they can prove a relative's lawful entry, establish a qualifying relationship, or support a green card application. If you need these records for an active case, do not wait for this rule to finalize: request the files now from USCIS or NARA, whichever agency holds them, because processing times can run several months. An immigration attorney can help you identify exactly which records you need and where to request them.
Frequently Asked Questions
What is the USCIS genealogy program?
It is a USCIS service that lets you request old immigration records — such as visa files, naturalization papers, or arrival records — for deceased relatives. People use it for family history research or to support immigration applications.
Will this proposed rule change the fees for genealogy record requests?
No. USCIS confirmed the proposed rule would not change the fees for requesting historical records. Check uscis.gov/records/genealogy for current fee information before you submit a request.
Why can't USCIS find some old immigration records?
Many older records were created by the Immigration and Naturalization Service (INS), which organized and stored files in different ways over the decades. Some files have been transferred to the National Archives (NARA), and delays in those transfers mean the records may not be where you expect them.
How do I submit a comment on this proposed rule?
Go to regulations.gov and search for Docket No. USCIS-2026-0331. Your comment must be in English and submitted online before midnight Eastern Time on October 20, 2026. USCIS is not accepting mailed, emailed, or hand-delivered comments.