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Thread: Old Overstay Records Now Tracked

  1. #1
    Here is a news from MurthyBulletin regarding old overstay records:

    ----------------------
    At the May 9, 2003 AILA National Spring Conference there was mention made of old I-94 records, reflecting overstays, appearing in the database used at the Ports of Entry (POEs). Those who turned in their I-94s (Arrival / Departure Cards) in the mid-1990s, after having overstayed their permitted time, may now encounter difficulty when attempting to reenter the U.S. Many of these people have been residing in the U.S. in a new status and, in the past, were able to freely travel to and from the U.S. Earlier overstays went unnoticed because the information in the POE databases was incomplete with respect to I-94 information. In this post-9/11 era of improved record keeping and improved databases, the information is now becoming available. Individuals with prior overstays will be taken to secondary inspection. The former overstay may impact one's ability to re-enter, depending upon whether the individual is now a permanent resident or which current nonimmigrant status is sought.

    Problems may arise even for people who did not overstay their permitted periods of status in the past. The reason for this is that the I-94s are collected by the airlines. There are times when this process was not as thorough as would be desired. There are situations in which people lost their I-94s or turned in expired I-94s, even though they had valid, newer I-94s due to extensions of status. Additionally, if a person filed an extension of status request or change of status request, but departed before a decision, the information regarding the filing would not appear in the POE database. Accordingly, this may appear as if the person overstayed his/her status despite the timely filing of an extension or change of status request that permitted the individual to remain in the U.S.

    We recommend that MurthyDotCom and MurthyBulletin readers turn in the proper I-94s when departing the U.S., showing that they maintained valid legal status until the date of departure from the U.S. and to maintain proof of departure as well as any receipt notices or other evidence of filings that formed a basis for remaining in the U.S. past the I-94 expiration date.

  2. #2
    Here is a news from MurthyBulletin regarding old overstay records:

    ----------------------
    At the May 9, 2003 AILA National Spring Conference there was mention made of old I-94 records, reflecting overstays, appearing in the database used at the Ports of Entry (POEs). Those who turned in their I-94s (Arrival / Departure Cards) in the mid-1990s, after having overstayed their permitted time, may now encounter difficulty when attempting to reenter the U.S. Many of these people have been residing in the U.S. in a new status and, in the past, were able to freely travel to and from the U.S. Earlier overstays went unnoticed because the information in the POE databases was incomplete with respect to I-94 information. In this post-9/11 era of improved record keeping and improved databases, the information is now becoming available. Individuals with prior overstays will be taken to secondary inspection. The former overstay may impact one's ability to re-enter, depending upon whether the individual is now a permanent resident or which current nonimmigrant status is sought.

    Problems may arise even for people who did not overstay their permitted periods of status in the past. The reason for this is that the I-94s are collected by the airlines. There are times when this process was not as thorough as would be desired. There are situations in which people lost their I-94s or turned in expired I-94s, even though they had valid, newer I-94s due to extensions of status. Additionally, if a person filed an extension of status request or change of status request, but departed before a decision, the information regarding the filing would not appear in the POE database. Accordingly, this may appear as if the person overstayed his/her status despite the timely filing of an extension or change of status request that permitted the individual to remain in the U.S.

    We recommend that MurthyDotCom and MurthyBulletin readers turn in the proper I-94s when departing the U.S., showing that they maintained valid legal status until the date of departure from the U.S. and to maintain proof of departure as well as any receipt notices or other evidence of filings that formed a basis for remaining in the U.S. past the I-94 expiration date.

  3. #3
    Guest
    How right this article is.
    I have never oversayed, I was always careful to submit i_94 to airlines.
    BUT, some airline made a mistake when entering my exit data, and every time I entre the USA now, I am sent to secondary inspection.
    Crazy, people who have obeyed the law, are being harrased by a lousy exit recording system.

  4. #4
    Guest
    To did not overstay:

    You are not alone, many people are on the same boat as you are. (mee too)

  5. #5
    Guest
    You are right, because i am also in the same situation.

  6. #6
    Guest
    I know a whole family who has the same problem, they all left the US together, and their exit was recorded as June instead of January, so they appear to have stayed about 6 months instead of 2 weeks. Now when they go to the USA they travel with a folder full of docs proving they were not in the USA during that period. The USA lost 4 wealthy tourists, they only travel to the USA now if they have to, holiday money goes somewhere else.

  7. #7
    Guest
    More of the same, I took a graduate course in Spain that lasted for 2 years. On my trip to Spain, I transited through the USA for a few hours. The airline did take my I-94.
    When back home, I tried to renew my B1-B2 Visa, I was informed it was not possible, because I had stayed in the USA for two years. I had to gather a lot of docs proving I was in Spain those 2 years. Luckily they accepted the proof I gave, and my Visa was renewed, but the whole thing took a couple of months.

  8. #8
    Guest
    Hey, lets make a club, I am also in similar situation

  9. #9
    Guest
    **** you and your club!

  10. #10
    Guest
    Hello:
    Some time ago, I was advised by the US consulate, to get a record of my entries and exists into my country and to travel with it.
    It is a good proof of non overstay.
    It seems to be a common problem.
    If you want your records corrected, there are instructions on how to do it at several websites of US embassies.
    Example: http://www.usembassy.fi/servlet/Page...ul/notice.html

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