so you are in USA?

Do you mean you did overstay and out of status? (you returned to USA using I-94 (automatic revalidation) and your I-94 is now expired and no pending COS/EOS/AOS petition) Then of course you can't prove you are NOT out of status if you are indeed out-of-status.

Your problem is not that you did not surrender I-94 when going out of USA, your problem is that, living in USA and continue living as we speak, you did not extend/change status before I-94 expiration.