U.S. Immigration Brief

VERIFIED NEWS · IMMIGRATION RECORDS

USCIS proposes clarifying which genealogy records remain available through the agency

DHS proposed updating USCIS genealogy-program regulations to explain that USCIS would provide historical records still in its legal custody, while records transferred to the National Archives would be requested there.

Editorial illustration of historical immigration and naturalization records

Editorial topic illustration. It does not depict a specific historical record, ancestor, requester, USCIS file, National Archives holding, or agency action.

By U.S. Immigration Brief Editorial DeskLast verified August 23, 2026

What DHS is proposing

The proposal would revise the genealogy regulations to say that USCIS produces historical records that have not been transferred to the legal custody of the National Archives and Records Administration, known as NARA. Once NARA has legal custody, the requester would obtain the record through the National Archives rather than through USCIS.

DHS says USCIS would publish information on its genealogy website explaining which historical records have transferred. If someone sent USCIS an index-search or records request for a file already transferred, USCIS says it would search and tell the requester that the record may be requested directly from NARA.

Why the agency proposed the change

USCIS established its fee-supported Genealogy Program in 2008 for specified historical immigration and naturalization records. Federal records schedules determine how long agencies retain permanent records and when legal custody transfers to the National Archives.

DHS says the current genealogy rules do not clearly explain that transfer process. The proposal would align the regulatory description with federal records-management requirements and make clearer which agency has custody of a requested record.

Which records the proposal discusses

The existing regulatory definition covers specified record sets and date ranges, including certain naturalization certificate files, alien registration forms, visa files, registry files, and older alien files. The proposal does not declare every immigration record public or change the privacy rules governing other case files.

DHS states that, over time, designated historical records will transfer to NARA under their records schedules. The agency anticipates that genealogy requests for transferred files would therefore move from USCIS to the National Archives.

Historical request data in the proposal

For fiscal years 2020 through 2024, DHS reports an annual average of 8,953 Form G-1041 index-search requests and 5,790 Form G-1041A records requests. More than 95 percent were submitted electronically. These are five-year averages from data queried in September 2025; they are not a current count of pending requests.

What has not changed

This publication starts a federal comment period; it does not put the proposed regulatory text into effect. Written comments are due October 20, 2026. DHS would need to complete the rulemaking process and publish a final action before the proposal could change the regulation.

Primary federal records

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