Multiple illegal entries

[NigeriaorBust 4,087]

  The issue is the man claimed a single unlawful entry.   The truth is he has 2.  The waiver was good for what he stated not the truth. Once discovered he will get the 10 year mandatory bar and possibly a finding of material misrepresentation.    The man may never be able to come back to the US.   

[milimelo 4,500]

So when is his interview so we know when to expect the update? 

[Californiansunset 336]

17 hours ago, Boiler said:

What I 94?

You can get all your arrival and departure records in and out from the US from this page https://i94.cbp.dhs.gov/I94/

In fact if you go and get your SSN as a K1 holder they ask for the print out of your I-94

[Californiansunset 336]

18 hours ago, felipeTAYA said:

They already know of the departure, unless he left by land. Or if he left on a plane with "Traveling letter" or another document showing a different name.

 

Customs and Border Protection launched a new webpage on May 1 that offers nonimmigrant U.S. visitors access to their I-94 arrival/departure record and their arrival/departure history.

The new CBP webpage allows nonimmigrant travelers to access arrival/departure records going back five years from the request date. This electronic travel-history function means that travelers may no longer need to file Freedom of Information Act requests to receive their arrival/departure history, greatly speeding their process. Travelers will have electronic access to the date and port of entry of their arrivals and departures.

When travelers visit the I-94 webpage they can retrieve their I-94 arrival/departure record number and five-year travel history by entering the required name, date of birth, and passport information.

Clicking on “Get Most Recent I-94” will return the I-94 number, most recent date of entry, class of admission and admit-until date. The information does not reflect changes of status, extension of stay or adjustments of status granted by U.S. Citizenship and Immigration Services. Travelers then have the option to print the record.

 

This I-94 website to get your arrival and departure record is not new...I've been checking my records on there since 2013... they just recently redesigned it, that's all. 

[Hypnos 6,576]

14 hours ago, NigeriaorBust said:

Once discovered he will get the 10 year mandatory bar and possibly a finding of material misrepresentation

A 9C bar (which he'd have from EWI twice and at least a year of unlawful presence) is a lifetime bar which is only waiverable after 10 years of documented presence outside the US. 

 

Material misrepresentation is likewise a lifetime bar, but you can apply for a waiver immediately, if you're eligible. 

 

It's entirely possible that the embassy could hit him with both at the same time. 

[geowrian 22,337]

14 hours ago, NigeriaorBust said:

  The issue is the man claimed a single unlawful entry.   The truth is he has 2.  The waiver was good for what he stated not the truth. Once discovered he will get the 10 year mandatory bar and possibly a finding of material misrepresentation.    The man may never be able to come back to the US.   

Not just a 10 year bar, but a 9C permanent bar (only waivable after 10 years outside the US). Plus the material misrepresentation on the I-601A (and potentially again at the interview).

 

50 minutes ago, Californiansunset said:

You can get all your arrival and departure records in and out from the US from this page https://i94.cbp.dhs.gov/I94/

I think the point was that he was never issued an I-94 as he entered without inspection. You only get an I-94 upon being inspected and admitted.

 

Edit:

@Hypnos beat me to it again

Edited November 29, 2017 by geowrian

[Boiler 45,658]

23 minutes ago, geowrian said:

Not just a 10 year bar, but a 9C permanent bar (only waivable after 10 years outside the US). Plus the material misrepresentation on the I-601A (and potentially again at the interview).

 

I think the point was that he was never issued an I-94 as he entered without inspection. You only get an I-94 upon being inspected and admitted.

 

Edit:

@Hypnos beat me to it again

So did I!

 

Admittedly a lot of confusing posts on this thread.

[Boiler 45,658]

1 hour ago, Californiansunset said:

You can get all your arrival and departure records in and out from the US from this page https://i94.cbp.dhs.gov/I94/

In fact if you go and get your SSN as a K1 holder they ask for the print out of your I-94

Not sure that facility exists for those using unconventional entry methods.

 

Hence the term undocumented.

[Californiansunset 336]

47 minutes ago, geowrian said:

Not just a 10 year bar, but a 9C permanent bar (only waivable after 10 years outside the US). Plus the material misrepresentation on the I-601A (and potentially again at the interview).

 

I think the point was that he was never issued an I-94 as he entered without inspection. You only get an I-94 upon being inspected and admitted.

 

Edit:

@Hypnos beat me to it again

 

16 minutes ago, Boiler said:

Not sure that facility exists for those using unconventional entry methods.

 

Hence the term undocumented.

VJ members said that OP can check whether there's a record of him departing the US on a plane by checking his I-94 online...hence my comment about that there won't be a record bc this system is only in place since 2012.

[Boiler 45,658]

10 minutes ago, Californiansunset said:

 

VJ members said that OP can check whether there's a record of him departing the US on a plane by checking his I-94 online...hence my comment about that there won't be a record bc this system is only in place since 2012.

I 94 is an entry document.

You posted the link.

[SusieQQQ 11,586]

2 hours ago, geowrian said:

Not just a 10 year bar, but a 9C permanent bar (only waivable after 10 years outside the US). Plus the material misrepresentation on the I-601A (and potentially again at the interview).

 

I think the point was that he was never issued an I-94 as he entered without inspection. You only get an I-94 upon being inspected and admitted.

 

Edit:

@Hypnos beat me to it again

 

1 hour ago, Boiler said:

So did I!

 

Admittedly a lot of confusing posts on this thread.

So a question about this (and sorry if I have added to the confusion, it seems partly at least my fault)

the reason I asked initially about the I94 is because: when i looked mine up, under my new passport number, it automatically brought stuff up under my old passport number too..

and that got me thinking that even if he didn't have an I94, if he left on a flight with a (presumably genuine) passport, even in 2009, CBP (or DHS or whoever does these things) will have a record of it even without an I94 to match it to? In fact... wouldn't the fact that there wasn't an I94 to match it to put some kind of flag on the passport number? And yes I realize that he probably doesn't have the same passport number anymore,  but if CBP can magically link my old and new passport numbers I'm assuming they can do that for other people.

 

--and in response to the question about it being before 2012 - just because they only brought in the online I94 that the public can check in 2012 it certainly doesn't imply they don't have easy access to their own records from before that. Things have been computerized a long time.... I would be willing to take a bet they can easily discover his previous flight out.

Edited November 29, 2017 by SusieQQQ

[Californiansunset 336]

1 hour ago, Boiler said:

I 94 is an entry document.

You posted the link.

It is not only an entry document. Since multiple years this page allows you to get your US travel history through that link by entering the passport no, name and birthdate. So if you left through plane or on foot at a land border, there's a departure record you can look up.

To be more accurate, this is the full link:

https://i94.cbp.dhs.gov/I94/#/history-search

 

[Californiansunset 336]

16 minutes ago, SusieQQQ said:

 

So a question about this (and sorry if I have added to the confusion, it seems partly at least my fault)

the reason I asked initially about the I94 is because: when i looked mine up, under my new passport number, it automatically brought stuff up under my old passport number too..

and that got me thinking that even if he didn't have an I94, if he left on a flight with a (presumably genuine) passport, even in 2009, CBP (or DHS or whoever does these things) will have a record of it even without an I94 to match it to? In fact... wouldn't the fact that there wasn't an I94 to match it to put some kind of flag on the passport number? And yes I realize that he probably doesn't have the same passport number anymore,  but if CBP can magically link my old and new passport numbers I'm assuming they can do that for other people.

 

--and in response to the question about it being before 2012 - just because they only brought in the online I94 that the public can check in 2012 it certainly doesn't imply they don't have easy access to their own records from before that. Things have been computerized a long time.... I would be willing to take a bet they can easily discover his previous flight out.

Of course I didn't mean that CBP or DHS can't see the records from before 2012, all I meant is that OP can not tell his friend to look it up if it was back in 2009 bc it will likely not show the records from before, since from what I've been told and seen the I94 website only shows the entries from 2012 and newer. It doesn't show my entries from before that time (I even tried with my previous passport numbers)...

[Pennycat 880]

How'd it go?

[Sidney and Dennis 40]

He was approved