My wife who is a Mexican citizen came to the USA in 2005, and has been here since except in 2009 she was "deported" and was caught 2 times trying to re-enter. She is here now, and we married last year. I talked to an attorney, and was told to check with USCIS and US Customs and Border Protection to see just what they have on her since we are not sure if her "deportation" was a voluntary departure or not. I sent in a FOIA request to both agencies, and they both sent back a letter stating that they have no records on her. She says that she was fingerprinted by Border Patrol, but they have no records on her whatsoever. She has no A number, so the request was sent in with her full name, and DOB, and I specifically gave them dates, and what border crossings to check. So, can I assume that we are now in the clear to apply for permanent residency since she has nothing bad on her record?

