Will Illegal U.S. Presence Be Known to USCIS?

[markc]

My girlfriend has been here for five years without any visa (EWI,) She would like to return home and begin the process of obtaining a fiancee visa. Someone warned her that with only her name and date of birth, Immigration Services will find out that she was here five years and give her a bar to reentry. :cry:

She has no SSN, No Visa, no criminal record, no fingerprints on file anywhere. She does have a job, cell phone, appartment.

Is this likely to happen or are they just looking for a criminal background?

[Mr. Knowitall]

We have no way of knowing what entry records the USCIS has in relation to her coming into the country. If they can tell from her exit record that she was here for an extended period, it may well affect their decision as to whether to let her re-enter. You should consult an immigration lawyer.

[markc]

I thought I explained that there were no entry records.

We've Talked to serveral lawyers already, plus non-lawyer "immigration specialists," thanks. That's what brought me here. I was hoping someone could provide a straight answer more usefull than "I don't know, ask a lawyer."

So again I ask: Is it likely that USCIS will research extensively enough to discover that she has already been here in this country prior to issuing a visa?

It is my understanding by recent travelers that upon returning to their country, only a visual inspection of a passport is conducted, and no records are generated. I realize there is no guarantee that this will always be the case, but I ask my question assuming no entry and exit records.

I would be so gratefull if someone without personal interest can provide a direct knowledgable answer.