copies of old I-94

K

ksaeed

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Recently my parents in Pakistan were denied immigrant visa based on their overstay. The consulate is saying that they overstayed for more than a year based on the arrival departure stamp on the passport and hence have a ban of 10 years. In reality, my parents overstayed only for 9 months, and the other four months was legal stay when they entered US. The problem is that we dont have a copy of old I-94 to prove this. Is it possible to request a copy of old I-94 from 2003? Does immigration keep copies of old I-94? and if so how do I request it? Any help in this situation would be greatly appreciated.

Kashan
 
They do have stamps on the passport, which only show that they were here for 13 months, which is causing an issue. Since they dont have I-94 copy they cant prove that part of their 13 month stay (4 months) was legal. The consulate is assuming that they overstayed more than a year. So our only way out is to get hold of a copy of I-94 which can show that out of 13 months 4 months were authorized legal stay and the remaining 9 months were overstay. They have rejected saying that they could have overstayed more than 12 months which puts a ban of 10 years vs 3yrs if the overstay is less than 1 year.
We need to prove that during their 13 month stay they overstayed only 9months and the other 4 months was permitted/legal stay.
 
ksaeed said:
Recently my parents in Pakistan were denied immigrant visa based on their overstay. The consulate is saying that they overstayed for more than a year based on the arrival departure stamp on the passport and hence have a ban of 10 years. In reality, my parents overstayed only for 9 months, and the other four months was legal stay when they entered US. The problem is that we dont have a copy of old I-94 to prove this. Is it possible to request a copy of old I-94 from 2003? Does immigration keep copies of old I-94? and if so how do I request it? Any help in this situation would be greatly appreciated.

Kashan
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I believe if you're a US citizen, your parents are eligible for a waiver of overstay ban. check out this article:

http://www.visapro.com/Immigration-Articles/?a=173&z=64
 
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ksaeed said:
Is it possible to request a copy of old I-94 from 2003? Does immigration keep copies of old I-94? and if so how do I request it? Any help in this situation would be greatly appreciated.

Kashan
Click to expand...

There is a form called I-102 which is used by people to replace a lost or mutilated I-94. Fee is $340. Not sure if that will work for you since they might not send a copy unless that I-94 has not yet been handed back to them. Do you have a copy of your I-94?
 
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