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  • overstay

    Hi forum members,
    I am just wondering that is there any way of finding out that if someone has overstayed visa if he/she does nt hand over I 94 to airline and his/her country doesnt stamp p.p on arrival
    i am asking this for my friend who overstayed n then returned in 2000 without handing over i 94 and did nt get p.p stamped at entry to own country
    or the uscis can obtain the info from airline about departures back in even 2000.

    Cheers

  • #2
    The burden of proof is on the alien. As per DOS/CBP/USCIS, this person has overstayed for the mere fact that I-94 was not turned in and the date on it expired. They go purely by the I-94. If a person left on time and still did not return the I-94, the person has overstayed unless he/she proves it.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b View Post
      The burden of proof is on the alien. As per DOS/CBP/USCIS, this person has overstayed for the mere fact that I-94 was not turned in and the date on it expired. They go purely by the I-94. If a person left on time and still did not return the I-94, the person has overstayed unless he/she proves it.
      thankyou very much for ur reply but just want to ask that is there any way for the uscis to find out when the person left without handing in i94 and that is story of 8 years back
      thkyou

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