Second entrance with visa but no permit. need help!!

good afternoon. i originally came in 2001 with a visa and permit. in 2004 i went to mexico for a week and came back across the border with my visa but no permit.The border the agent looked at the visa and let me trough without any problems. my aunt which is a us Citizen was with me at the time. Now iam married to my usCitizen wife and planning on getting a green card but this is making me worry. i talked to a few lawyers and they said depending on the immigration agent sometimes they ask for the permit and some don't. he said if they do i will need proof and he said my aunt was with me she could make an affidavit saying how we cross with just the visa. im really nervous. i currently have daca but i dont know what to do. He also said my wife probably will need to create a hardship letter. any simmilar stories please help.. Thanks.

long story short second time i came legally with no permit trough the border with my us citizen aunt and my visa didnt expire till 2008 i currently have DACA.

I think it would be best if you consulted an immigration lawyer about your particular issue. I highly doubt anyone here has the knowledge to help you with this. Best of luck!

You can try doing a FOIA request with CBP and see what comes up.

Might be easier to just request and travel on Advance Parole and use that as the entry for AOS.

My lawyer said i have a 90% chance he said alot of the officers just look at the visa. I also had a criminal case for posession wich was the minimum but my case got expunged and my record is clean so with that being said i dont know if with advance parole they will let me back in even if im clear of any charges and its expunged. But iv been looking for similar cases. So far he said we need to send i485, i765, i130, he said my aunt is the proof of me coming legally since she was with me at the time. So she will need to make an affidavit saying how we cross legally etc. Also he said my wife can make a hardship letter just incas

My visa didnt expire till 2008.

I consulted a few lawyers and they say it all depends on the officer