Lost passport with nonimmigrant visa

[rursus]

My husband entered the US from Mexico on a nonimmigrant tourist visa in 2000. However, he lost the passport that had the tourist visa stamp in it (we don't even have any copies), and is now in overstay status. How can we prove that he entered legally in order to be eligible to file for AOS? Might the Mexican consulate or USCIS have a copy of his old passport on file? So far, we filed an I-130 in April of this year, but of course I want to avoid having to do an I-601 since he really did enter legally. Thanks in advance for any advice!

[meesh]

I wonder if you can file an I-102, which is an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (like the I-94). I don't know, but I thought I would mention the idea in hopes that someone who is more knowledgable about this will offer their suggestions.

[rursus]

I will try this method. I hope that they still have a record of the I-94 after 7 years!

[Lachulagreeneyes]

Goodluck rurus!

[meesh]

You might want to attend Laurel Scott's free immigration chat on Wednesdays at 11 am Central. She would know what steps to take. Good luck!