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My fiance came to the U.S. illegally when he was 10 years old along with his brother, sister and mother. His mother had to apply for her permanent residency first and by the time her process was complete he was over the age of 18 therefore already has the 10 year bar. In May 2014, he attended his interview in Ciudad Juarez, and was given the 10 year bar for being in the United States illegally for more than a year as an adult. However his lawyer neglected to tell us he had to file for the I-601A waiver before leaving for the interview. He has served his 1 year and his second interview is coming up October 15th, 2015. My question is does he have to file for the I-601 waiver or if he is approved can he just come home after getting his visa?
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