No record of legal entry?I originally entered the US in 1998 on a now expired F1 student visa which Ive overstayed. Im now hoping to get an AOS through marriage. To add complication the passport I used was lost during a change in residence some time back. My question is how do I prove I entered legally without any paperwork? Does ICE keep all the records electronically that far back? I should add I have a replacement passport with (presumably) the same number and have been paying taxes all those years with a legit SS # - Im self-employed. My understanding is proof of legal entry is required for AOS.
Get a FOIA.. and you will see what the govt has on you. A lawyer can get it for you < 2 months but if you do it solo it may take a year - but still look into it. If the govt does not have entry recorded, you may/will be charged with illegal entry. My friend was charged as such and was given an NTA for deportation proceedings. She was waived thru the US-CAN border crossing with no passport stamp- this was in 1998. Luckily, she has 245i relief that gives her the peace of mind. I would suggest you look at the FOIA and make a well informed call. ssn number and paying taxes will carry no weight if they charge you with illegal entry.
Do you have a copy of the visa or I-94? If you dont, the school you attended may have it.
good call Jackolantern!