My husband has a previous entry from 1993. He claims there is no proof of this entry and we should go for the Waiver in Mexico. How would I find out if the US really does not have any prior violations on record? I was told to request and FOIA, but from who? Boarder Protection? Is there other ways. He says he was never finger printed going in or out and never stopped during entry or exit.

1993
enter and exit
no fingerprints
waiver in Mexico

What are you talking about????

You have to declare all your prioir visits to the USA, so they will know because you have told them.

No matter what, your husband needs to describe country's in and out for last 5 or 10 years whatever specify in instruction.
It doesn't matter US CIS has record or not.
If your husband doesn't describe as it was, they may find it later, and use it against "Good moral" character.
But I think they ask for the records for 5 or 10 years, and 1993 is more than 10 years ago.
So your husband may not need to declare it unless he violate immigration law or something like that, which is different story from in/out record issue.

You don't decide if you need a waiver. You are told if you need one and if you are eligible. Even if there was no record of his entry or exit, the forms require you to tell the truth under penalty of perjury/fines/imprisonment. If he lies and is caught, it's a much worse situation. And if he is asked for proof of his life in Mexico during the time that he was in the US, how would he prove it?

How long was he in the US and when did he leave? If he was in the US for less than 6 months, there is no issue. If it was more than 180 days but less than 365, there is no issue because the ban would have been three years and unless he just returned to Mexico, the ban is already over. If it was more than 365 days and if 10 years have passed since he returned from Mexico, the ban is already over.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Thanks everyone.

Kit Kat - One thing is that from his first entry he would have the 10 year bar for staying over 1 year then he returned to the US EWI during that 10 year bar. Doesn't that count against him? That is a perm bar right?

I responded to your PM. Because his first entry was before April 1, 1997 when the law changed, it doesn't "count". Only the second one counts and he would be eligible for a waiver.