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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11907
Experience:  Write FOR JAMES to get my help!
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I was told that as as my wife and her daughter had original

Customer Question

i was told that as long as my wife and her daughter had original passports we had no issues. But this was 14 years ago that she entered as a visitor and since then they have had to renew there passports. They took the original with the original visa. Now
she has a passport but with no visa (expired anyway) Is this a issue? Also on most forms they ask what is current Status? What do I say? Overstayed?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: Not having the passport or visa stamp is not an issue. What they will need are the I-94 documents, which they should have received when they entered the US. Even copies of those or the entry stamps are fine.

If that is not available, the only thing they can do now is file FOIA requests with the CBP and the Department of State to get the information about their entry to the US and visas issued.

You can file FOIA requests for each by going here:

DOS: https://foia.state.gov/Request/Submit.aspx

CBP: https://foiaonline.regulations.gov/foia/action/public/request;jsessionid=C8071B3FAFCD589885AAFBAC19EE6EC3/createRequest

For CBP, do the "I-94" and the "Entry/Exit records" requests. If you can ask for all records, great. But if not, those two should get the information required.

For your second question, when they ask for current status, you write B2 (out of status).

I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.

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Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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