Every time you enter or leave the US, it's recorded. Your overstay is documented forever. Here's what USCIS knows about you and how to check your own record.
What records does USCIS keep?
USCIS and CBP (Customs and Border Protection) maintain:
- • Every time you entered the US (date, port of entry, visa type)
- • Every time you left the US (date, port of departure)
- • Your I-94 record (including "Admit Until Date")
- • Any visa applications or rejections
- • Any green card applications
- • Any overstays or unlawful presence
- • Any deportation orders or re-entry bans
- • Any criminal records
All of this is connected in one database. Agents at every border, consulate, and USCIS office can see it.
How long does an overstay stay on your record?
Forever. There's no statute of limitations. A 5-day overstay from 20 years ago will still show up.
You cannot request that USCIS remove or forget an overstay. It's part of your permanent immigration file.
How to check your own USCIS record
Method 1: I-94 Online (easiest)
Visit i94.cbp.dhs.gov and search by your name and passport number.
You'll see:
- • Your most recent I-94 arrival and departure records
- • Your "Admit Until Date"
- • Whether you overstayed (if it shows a departure date after your I-94 expiry, you overstayed)
Method 2: USCIS My USCIS Account
Create an account at myaccount.uscis.dhs.gov.
You can see:
- • All your USCIS applications and petitions
- • Your visa status
- • Any pending cases
- • Overstay notices (if issued)
Method 3: Request via FOIA
You can request your full immigration file from USCIS using the Freedom of Information Act (FOIA).
This takes 2–6 months and you'll get everything: scans of documents, notes from agents, everything.
File a FOIA request at uscis.gov/foia.
What if you can't find your I-94 record?
If the CBP.gov website doesn't show your record, you either:
- • Never had one (you weren't admitted properly)
- • Entered without inspection (illegal entry)
- • Have an extremely old record (pre-2000s might not be online)
Contact CBP or an immigration attorney for help accessing old records.
Can you get an overstay removed from your record?
No. An overstay is a fact. It happened. USCIS will not erase it or pretend it didn't happen.
What you CAN do:
- • File an I-601 waiver if you have family sponsorship (may waive the consequences)
- • Document mitigating circumstances (medical emergency, abuse, etc.) for future cases
- • Consult an attorney about your options
Important:
An overstay stays on your record even if you later married a US citizen or got a green card. It doesn't disappear. But a green card means you're no longer "overstayed" — you're now lawfully present.
What if your record is wrong?
If you believe your I-94 record is incorrect (wrong dates, wrong visa type, etc.), you can:
- Contact CBP directly to request a review
- File a FOIA request with supporting documents
- Consult an immigration attorney if the error is significant
Corrections are rare and require solid proof that the record is wrong.
Can family members see your record?
No. Your USCIS record is confidential. Only:
- • You
- • An immigration attorney you authorize
- • USCIS and CBP agents
- • A family member you give explicit permission to
Don't assume your family knows about your overstay unless you told them.
Bottom line
Your overstay is recorded and permanent. Check your own record via i94.cbp.dhs.gov to confirm. Don't be surprised if you see it — it means CBP caught it at the border. If you're planning future US immigration, know that this overstay will come up. Plan accordingly.
Before future applications:
Always check your record before applying for visas, jobs requiring background checks, or anything tied to immigration. Know what USCIS knows about you.