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bilal154 Mar 2nd 2010 8:20 pm

foia
 
dear fellows,
can any one inform me that if i 94 was not surrendered on departure in 2002 and by requesting the arrval departure record will uscis have the departure record or not as my uncle iS applying FOR family based migration and he was nt sure if he surrendered i 94 or not
thkz

S Folinsky Mar 3rd 2010 2:55 am

Re: foia
 

Originally Posted by bilal154 (Post 8389640)
dear fellows,
can any one inform me that if i 94 was not surrendered on departure in 2002 and by requesting the arrval departure record will uscis have the departure record or not as my uncle iS applying FOR family based migration and he was nt sure if he surrendered i 94 or not
thkz

I wonder if DHS has a unified FOIA processing unit.

AdobePinon Mar 3rd 2010 3:13 am

Re: foia
 

Originally Posted by S Folinsky (Post 8390579)
I wonder if DHS has a unified FOIA processing unit.

DHS... unified???? :rofl: Besides, the requested info is probably considered exempt from FOIA anyway.

ian-mstm Mar 3rd 2010 6:42 am

Re: foia
 

Originally Posted by bilal154 (Post 8389640)
can any one inform me that if i 94 was not surrendered on departure in 2002 and by requesting the arrval departure record will uscis have the departure record or not...

I seriously doubt they will have it. Does he still have the I-94? You'd also be wasting your time and money with a FOIA request.

Ian

MsElui Mar 3rd 2010 7:22 am

Re: foia
 
i was going through some old files last night and found my husbands old passport with an I-94 still stuck in it from 1996. We didnt know it was their and it didnt impact on his visa application in 2007 or green card application (and approval) in 2009.

bilal154 Mar 4th 2010 12:38 am

Re: foia
 

Originally Posted by MsElui (Post 8391292)
i was going through some old files last night and found my husbands old passport with an I-94 still stuck in it from 1996. We didnt know it was their and it didnt impact on his visa application in 2007 or green card application (and approval) in 2009.

So it means that if he requests departure record under faio they wont entertain it?
thkyou

AdobePinon Mar 4th 2010 2:00 am

Re: foia
 

Originally Posted by bilal154 (Post 8393260)
So it means that if he requests departure record under faio they wont entertain it?
thkyou

Even if they did, it probably take them years.

ian-mstm Mar 4th 2010 2:51 am

Re: foia
 

Originally Posted by bilal154 (Post 8393260)
So it means that if he requests departure record under faio they wont entertain it?

They might entertain it... but a request under the FOIA (not FAIO) can take years.

Ian

nettlebed Mar 4th 2010 5:41 am

Re: foia
 

Originally Posted by ian-mstm (Post 8393600)
They might entertain it... but a request under the FOIA (not FAIO) can take years.

Ian

FAIO stands for "Fanny Around Indefinitely, OK?", so that would likely take years as well...

bilal154 Mar 4th 2010 4:17 pm

Re: foia
 

Originally Posted by nettlebed (Post 8393949)
FAIO stands for "Fanny Around Indefinitely, OK?", so that would likely take years as well...

sorry should b Foia yeah so it means that no one can get the departure info under foia
so then how can uscis prove he left on time or overstayed or not left at all
my uncle although he has proof of emplyment n visits to other country but not right after he came in 2002.
thkzz

A I Mar 5th 2010 12:18 am

Re: foia
 
Google is your friend.... I remembered reading something about this not loo long ago...

This is what this guy did.... worked for him..although as suggested by others in the thread, not at lighting speed.

http://chrisguillebeau.com/3x5/how-t...ravel-history/

ian-mstm Mar 5th 2010 1:23 am

Re: foia
 

Originally Posted by bilal154 (Post 8395392)
so it means that no one can get the departure info under foia

No, that's not what it means. You can get the departure info - which is what everyone has been saying. You just can't get it immediately... which is when you want it.



so then how can uscis prove he left on time or overstayed or not left at all
Your premise is faulty. The assumption of overstay is inherent. USCIS assumes that *everyone* who enters the US is an alien intending to stay. They don't have to prove he did... he needs to provide evidence he didn't.

Ian


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