Old Overstay Records Now Tracked
Posted May 30, 2003

At the May 9, 2003 AILA National Spring Conference there was mention made of old I-94 records, reflecting overstays, appearing in the database used at the Ports of Entry (POEs). Those who turned in their I-94s (Arrival / Departure Cards) in the mid-1990s, after having overstayed their permitted time, may now encounter difficulty when attempting to reenter the U.S. Many of these people have been residing in the U.S. in a new status and, in the past, were able to freely travel to and from the U.S. Earlier overstays went unnoticed because the information in the POE databases was incomplete with respect to I-94 information. In this post-9/11 era of improved record keeping and improved databases, the information is now becoming available. Individuals with prior overstays will be taken to secondary inspection. The former overstay may impact one's ability to re-enter, depending upon whether the individual is now a permanent resident or which current nonimmigrant status is sought.

Problems may arise even for people who did not overstay their permitted periods of status in the past. The reason for this is that the I-94s are collected by the airlines. There are times when this process was not as thorough as would be desired. There are situations in which people lost their I-94s or turned in expired I-94s, even though they had valid, newer I-94s due to extensions of status. Additionally, if a person filed an extension of status request or change of status request, but departed before a decision, the information regarding the filing would not appear in the POE database. Accordingly, this may appear as if the person overstayed his/her status despite the timely filing of an extension or change of status request that permitted the individual to remain in the U.S.

We recommend that MurthyDotCom and MurthyBulletin readers turn in the proper I-94s when departing the U.S., showing that they maintained valid legal status until the date of departure from the U.S. and to maintain proof of departure as well as any receipt notices or other evidence of filings that formed a basis for remaining in the U.S. past the I-94 expiration date.