I-601 Waiver and Second Interview

[Samantha Spade]

I am hoping someone can shed some light on what to expect with my fiance's interview. Here's the run down. My fiance came to the United States illegally when he was 10 years old along with his brother and sister and mother. His mother had to become a permanent resident first before her children. By the time her process was completed my fiance was over the age of 18, therefore making giving him the 10 year bar. In May 2014, my fiance who was 24 at the time, attended his interview in Ciudad Juarez and was given the 10 year bar for being in the U.S. illegally for more than a year as an adult, however his lawyer neglected to tell us that he had to file for the I-601A Waiver. He served his year in Mexico and has his second interview coming up October 15th, 2015. His lawyer is saying he still has to file for the I-601 waiver. So my question is does he still have to file for the I-601 waiver or can we expect him to come home after his interview and not have to files and wait for the waiver to process?