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  1. #1
    Join Date
    Aug 2007
    Posts
    3

    Default Disproving Unlawful Presence

    David-Alabama.

    I entered US on oct/7/1998 with B2 visa. The I-94 was valid until Apr/6/1999. An extension was granted to me so the new I-94 expired Oct/7/1999.
    I left US on Dec/23/1999 and reentered on Apr/13/2000 with B1/B2 visa.

    Got married on Aug 2003. Applied for adjustment of status. The interview was Aug/1/2007 and the officer said I accrued unlawful presence because she was not able to find “the extension” granted to me when I first came to US. They gave me 120 days to submit evidence of the extension.

    USCIS is unable to find on their system because the only way (as they say) to look for an extension is with the combination of your name and date of birth. I truly believe my name was misspelled (very common) witch makes me believe that an I-824 will not be much help.

    I looked for this letter everywhere I could with no success. A check was used to pay the fee for the extension but Bank of America only keep the records up to 7 years.

    I will apply for a FOIA even if it will take a very long time to come back.

    Besides that, is there anything else that I could do ?

    Thanks very much for your time, It is really appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disproving Unlawful Presence

    Have you tried to have searches done under the most common misspellings of your name?

  3. #3
    Join Date
    Aug 2007
    Posts
    3

    Default Re: Disproving Unlawful Presence

    Quote Quoting Mr. Knowitall
    View Post
    Have you tried to have searches done under the most common misspellings of your name?
    I sure did. I have been calling USCIS very often trying different combinations of my name with the most common misspellings without any lucky. Sometimes they spend more than 30 minutes with me on the phone but most of the times they dont even try, they say that I have to file either a 120 or 824.

    Thank you...

  4. #4
    Join Date
    Aug 2007
    Posts
    3

    Default Re: Disproving Unlawful Presence

    By the way, is this the only way to search ? Calling them or filling out forms ?
    Is there any other way to search ? Like a web site or something ?

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