Overstay. How do they know?

[ThinkDifferent]

there are cases, when people were leaving the US with overstayed visa without their I-94 being submitted (for whatever reason) and then succesfully got a new one to come back.

Q: When applying for a new visa how do consulate people know if that visa was overstayed? Assuming of course there were no stamps in passport when leaving, no fingerprints taken etc.

[immihelp]

Just because someone was able to enter the U.S. again does not mean everyone in that situation will be.

If you have not provided your I-94, you are considered to be staying in the U.S. It is best to give the I-94 to airline when you leave the U.S.

Otherwise, return it as soon as you possible.

If ever questioned, the burden of proof is on you that you departed the U.S. within the allowed duration.