Visa expired but not I-94 and don't have a photocopy of I-94 to apply for a new visa

[Bloomiestash 2]

Hi,

I came to United States 6 years back on P visa. My visa was valid for a year but my i-94 was valid for year and half. So, I stayed back in the US for a year and 3 months (my visa had expired by then but not my i-94). When I left the US that time, I surrendered my I-94 at the airport as per usual norm.

Now, I am planning to apply for US visa again. I learned from one of my friends that while appearing for US visa interview in India, I would need to show a photocopy of my old I-94 to serve as a proof that I overstayed visa but not i-94. But I surrendered my I-94 at the airport while leaving US and didn't keep a copy with me. So what should I do now? I heard that my visa application would get rejected and that I would be banned from entering US for next 3 years because of this. Is that true? Won't US embassy know that I didn't overstay my I-94 since I submitted the copy at the airport.

I tried checking online to get a copy of I-94 but it doesn't go beyond last 5 years. There is a longer process to request for a copy of old I-94, but that might take a month or longer and I need to apply for visa on an urgent basis. Can someone help please?

[Transborderwife 4,666]

Have you tried calling USCIS?

[Bloomiestash 2]

No, I haven't. Wasn't sure if they would answer such questions. May be I should try that.

[JimmyHou 610]

Hi,

I came to United States 6 years back on P visa. My visa was valid for a year but my i-94 was valid for year and half. So, I stayed back in the US for a year and 3 months (my visa had expired by then but not my i-94). When I left the US that time, I surrendered my I-94 at the airport as per usual norm.

Now, I am planning to apply for US visa again. I learned from one of my friends that while appearing for US visa interview in India, I would need to show a photocopy of my old I-94 to serve as a proof that I overstayed visa but not i-94. But I surrendered my I-94 at the airport while leaving US and didn't keep a copy with me. So what should I do now? I heard that my visa application would get rejected and that I would be banned from entering US for next 3 years because of this. Is that true? Won't US embassy know that I didn't overstay my I-94 since I submitted the copy at the airport.

I tried checking online to get a copy of I-94 but it doesn't go beyond last 5 years. There is a longer process to request for a copy of old I-94, but that might take a month or longer and I need to apply for visa on an urgent basis. Can someone help please?

The I94 cards have been eliminated and the system has been automated.

You can access your travel history here using the details of the travel document (passport) you used to enter the US.

https://i94.cbp.dhs.gov/I94/request.html;jsessionid=TZMGJTyP3yXVKJtHqq8VTQbzL8T1Jvl1KGVtRjGtKL4fDst5prvJ!-1326691254

I don't know if this only goes as far back as when they automated the system, or if they've added in the information from the old paper cards. You can try and see if your information is in the system.

[Dave&Roza 748]

Sounds to me like you have two choices: 1) go to the interview without the I-94 and explain your situation and hope the Embassy will look up your information to see that you did not overstay, or 2) file the FOIA to get a copy of your I-94 and go get the visa with the proof in your hands. You did not overstay as you left before the I-94 expired so I do not know why you would get a 3 year ban--it is the I-94 that matters not the expiration of the visa. I also find it strange that they would want a copy of the I-94 as they are surrendered when leaving the US.

Good luck,

Dave