I-94. How do they know?

[RichiJenny 14]

bad idea. the poe will have at the very least a record of you entering the country. cases for waivers are judged on their own merits. once the ten year ban is up you wont need a waiver. if you apply for a waiver with your next visa the worst that can happen is they require you to serve out the ban.

lying will lead you into all sorts of problems. guaranteed.

[ThinkDifferent 1]

bad idea. the poe will have at the very least a record of you entering the country. cases for waivers are judged on their own merits. once the ten year ban is up you wont need a waiver. if you apply for a waiver with your next visa the worst that can happen is they require you to serve out the ban.

lying will lead you into all sorts of problems. guaranteed.

sure, they will have data regarding my entry. due to my i94 not being submitted they would not know when i left though (unless arline company sends pasenger details to US consulates...i doubt they do it every time though due to high volume of flights/passengers).

regarding the ban, i was wrong, the document is not called a waiver, i will need to submit a "permission of admission" aplication instead.

in any case, consulates frown upon any previous immigration offences, so this overstay will haunt me even after the 10 year ban is over.

i know a case when a person had an overstay 15 years ago and still got his visa refused due to previous visa overstayed hence didn't convince the consulate that he will come back home.

[NigeriaorBust 4,087]

You were issued an I94 they will know you entered. They will ask YOU to prove when you left. What proof do you have

[ThinkDifferent 1]

You were issued an I94 they will know you entered. They will ask YOU to prove when you left. What proof do you have

well, what proof do people have when they loose their i94 or when airline staff does not collect their i94 for one or another reason? yet these people are able to get a visa and come back.

[payxibka 10,047]

yes, after 10 years ban is over but that doesn't mean you can just go and apply for a visa, you'd need to obtain a waiver first. the whole process takes months and months + there are multiple cases of visas being refused even after ban is over.

Why do you need a waiver if no ban is in place anymore? a waiver is needed to make an exception to a active ban, not after one has expired

well, what proof do people have when they loose their i94 or when airline staff does not collect their i94 for one or another reason? yet these people are able to get a visa and come back.

because they can prove they left with alternate evidence.... passport stamps, boarding passes, etc... the list can be long of what could be used

[payxibka 10,047]

sure, they will have data regarding my entry. due to my i94 not being submitted they would not know when i left though (unless arline company sends pasenger details to US consulates...i doubt they do it every time though due to high volume of flights/passengers).

regarding the ban, i was wrong, the document is not called a waiver, i will need to submit a "permission of admission" aplication instead.

in any case, consulates frown upon any previous immigration offences, so this overstay will haunt me even after the 10 year ban is over.

i know a case when a person had an overstay 15 years ago and still got his visa refused due to previous visa overstayed hence didn't convince the consulate that he will come back home.

ALL US airlines are required to submit ALL international passenger manifests to the Department of Homeland Security. This information is stored in a central database... If this information is shared, then the consulate can have access to it.

[VanessaTony 3,567]

Boiler, thanks for the link. doesn't shed the light on my question though i.e. how the consulate will know about an overstay?

new passport has my new name and my maiden name. visa was issued on my previous name from previous marriage.

yes, after 10 years ban is over but that doesn't mean you can just go and apply for a visa, you'd need to obtain a waiver first. the whole process takes months and months + there are multiple cases of visas being refused even after ban is over.

somehow i see a better chance of getting a visa by not telling about overstay than waiting for 3 more years and apply for a waiver etc.

your new passport most likely has the same number as your old passport. Your new passport likely has an "aka" on it or something for previous names/links.

The question isn't how can they prove it, the question is, do you really want to risk getting caught and are you prepared to deal with the consequences?

[milimelo 4,553]

And on any visa application (non-immigrant or immigrant) you have to provide all previously used names - maiden, married, current...

If you're really looking for a misrepresentation charge and a possible life-time ban, go ahead and don't disclose any overstay info - see what happens.

[Mononoke28 135]

Boiler, thanks for the link. doesn't shed the light on my question though i.e. how the consulate will know about an overstay?

I'm not sure how it works in your country but unless you completely change your birth certificate to make it look like you're a totally different person, the embassy will know about your overstay. How? Well, for all Immigrant visas the embassy requests that you bring a Migratory Movement Letter to the interview, this letter also goes by the name of Migratory Certificate. In Colombia they give it to you in a sealed envelope and the people at the embassy are the only ones allowed to open it. In it, it will show every single exit and entry that was made to and from your country, and it doesn't matter if you left under Jane Doe and returned as Jane Smith or if you had passport number 123 when you left, and entered with passport number 567. Your record is kept under you country's citizen number, whatever that number may be and it will clearly show that you left on XX date and returned on XX date showing your overstay. I find it hard to believe that when you returned to your country, absolutely nothing was noted by Immigration or even customs unless you pulled a 007 or wore an invisible cloak to go through them.

So that my friend, is how they will see your overstay and how long of a gap it was.

Diana

Edited October 5, 2010 by Mononoke28

[ThinkDifferent 1]

Why do you need a waiver if no ban is in place anymore? a waiver is needed to make an exception to a active ban, not after one has expired

because they can prove they left with alternate evidence.... passport stamps, boarding passes, etc... the list can be long of what could be used

I have no stamp in the passport. when i came back to my home country they didn't stamp my passport. nowhere in the passport can you find an evidence.

Edited October 5, 2010 by ThinkDifferent

[ThinkDifferent 1]

I'm not sure how it works in your country but unless you completely change your birth certificate to make it look like you're a totally different person, the embassy will know about your overstay. How? Well, for all Immigrant visas the embassy requests that you bring a Migratory Movement Letter to the interview, this letter also goes by the name of Migratory Certificate. In Colombia they give it to you in a sealed envelope and the people at the embassy are the only ones allowed to open it. In it, it will show every single exit and entry that was made to and from your country, and it doesn't matter if you left under Jane Doe and returned as Jane Smith or if you had passport number 123 when you left, and entered with passport number 567. Your record is kept under you country's citizen number, whatever that number may be and it will clearly show that you left on XX date and returned on XX date showing your overstay. I find it hard to believe that when you returned to your country, absolutely nothing was noted by Immigration or even customs unless you pulled a 007 or wore an invisible cloak to go through them.

So that my friend, is how they will see your overstay and how long of a gap it was.

Diana

well, all i can say is that my friend, who successfully obtained his visa under a similar circumstances, will have a good laugh at your post )

[Boiler 46,081]

We see, tpo be going around in circles.

I would be interested to see what happens, please come back and let us know.

[Brother Hesekiel 2,236]

Nobody can know with any degree of certainty what DHS, USCIS, CBP, ICE, or the people at the embassies and consulates know and what data they store.

So what do we know?

1) We know that computers can store a lot of information.

2) We know that misrepresentation will most likely be the end of a US journey as it carries a lifetime ban.

3) We know that all it takes for a CBP officer is SUSPICION that something is wrong. He does not have to prove anything. If he feels something is wrong he pushes the red button and then YOU can try to prove in secondary inspection that you never overstayed previously, which you did, and never lied, which you also did.

It's one thing to rob a bank if you have the blue prints and know what shift the guards have, but it's another ball game entirely to break into a bank without knowing anything.

Regarding the not collected I-94s . . . yes, that happens. And you know what, people who left the US without overstay get pulled into secondary because of it and have to prove that they actually left the US in time. They are innocent, yet they are still treated as being guilty until proven innocent. You are guilty, so I'd say what you are trying to do is beyond just risky. It's like breaking into a bank not knowing where to safe is, let alone not knowing how to break into it. You haven't even read the book "Bank Robbery for Dummies."

[marlea 84]

There is a reason there is an application process. There is a reason they do checks on the people who apply for these visas. They don't just "trust" that the applicants are telling the truth. True, they may not know. But they may know, and if you lie and they know it, that's a big deal. What they know for certain is that you were in the USA and that you left even though there is no record. Again, they won't "trust" what you tell them. The burden of proof is on YOUR shoulders, not the CBP officer or CO's shoulders. If you say "well, it's the airline's fault that they didn't collect my I-94" they will just tell you it's your tough luck. The onus is now on YOU to prove that you left the country on time. If nothing else, they can go back through passenger manifests to find your name. And yes, they will know it's you even though you have a different name on this new passport, especially, as as mentioned, any application that you have to submit asks for other names you have used. Lie about that, and that's another thing they can get you on in regards to misrepresentation.

[Mononoke28 135]

well, all i can say is that my friend, who successfully obtained his visa under a similar circumstances, will have a good laugh at your post )

It sounds to me that you posted your OP to go fishing, and yes, with that said I'm considering you a troll. I'm basing all this based on how you accommodate your situation (and now it seems to be you friend's situation as well) to every answer you're getting.

If your so called friend already got his visa under the exact same circumstances, why do you ask for something you pretty much have an answer for?

Diana