David-Alabama.

I entered US on oct/7/1998 with B2 visa. The I-94 was valid until Apr/6/1999. An extension was granted to me so the new I-94 expired Oct/7/1999.
I left US on Dec/23/1999 and reentered on Apr/13/2000 with B1/B2 visa.

Got married on Aug 2003. Applied for adjustment of status. The interview was Aug/1/2007 and the officer said I accrued unlawful presence because she was not able to find “the extension” granted to me when I first came to US. They gave me 120 days to submit evidence of the extension.

USCIS is unable to find on their system because the only way (as they say) to look for an extension is with the combination of your name and date of birth. I truly believe my name was misspelled (very common) witch makes me believe that an I-824 will not be much help.

I looked for this letter everywhere I could with no success. A check was used to pay the fee for the extension but Bank of America only keep the records up to 7 years.

I will apply for a FOIA even if it will take a very long time to come back.

Besides that, is there anything else that I could do ?

Thanks very much for your time, It is really appreciated.