Can I apply for visa and not be denied, because I’m not in system? 4 Answers as of June 23, 2013

I was out of status (overstay) in USA from 2004 to 2008. I applied under Freedom of Information Act/Privacy act FOIA/PA. I got a letter said that NO RECORD FIND IN CIS AND CLAIMS system. What that mean? I'm not in system?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you overstayed by more than one year and left the US, you have triggered a ten year bar. You are eligible to enter after that time, or in certain cases, can file for an immigrant or non immigrant waiver before that.
Answer Applies to: California
Replied: 6/23/2013
Law Office of Adebola Asekun | Adebola O. Asekun
If you were in the US from 2004- 2008 after lawful admission, and the record did not show you surrendered your I-94 at a particular date showing you left the country, I am sorry, DHS is aware you are still in the US until you provided evidence otherwise. DHS has several databases and for valid law enforcement reasons, your FOIA request does not cover.
Answer Applies to: New York
Replied: 6/22/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
It means that you had no records with U.S. Citizenship and Immigration Services (i.e. you did not file any applications for benefits). This does not mean there are no entry and exit records for you. You can apply for a visa, but you must disclose your prior overstay. You will also need to file for a waiver. Failure to disclose the overstay will lead to more serious problems.
Answer Applies to: New York
Replied: 6/20/2013
Law Office of Eric Fisher | Eric Fisher
If you never filed an application with USCIS, they probably have no records to disclose under FOIA. If you were ever stopped by CBP or denied entry to the US, you should file an FOIA request with CBP.
Answer Applies to: Colorado
Replied: 6/20/2013
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