How likely is it that our I-601 will not be required?

[sherafour 0]

Hello, I am currently waiting on my NOA2 for my husband on the I-130 form. He came here on a visa as a child and overstayed for years while he was a minor, of course not understanding the situation. He ended up leaving the U.S. at around the 1 year 4 month mark after turning 18, not deported, but he thought he was doing the right thing. I understand that due to him overstaying longer than a year after he became an adult he should have a 10 year ban. He left the U.S. in August 2010 so he's been out of the U.S. for over 4 years....longer the 3 year ban on an overstay of 1 year but still would have about 5 1/5 years to wait on the 10 year ban, hence the Waiver should technically be required.

I spoke with my lawyer who has experienced the Waiver actually not being required, in somewhat similar situations due to someone having paid their "due diligence" of being outside the U.S. I know it's obviously not a guaranteed occurrence but what are the chances that we will simply get approved at interview and do not have to complete the Waiver? Has anyone else experienced this or know anyone who has?

[rylforever 18]

if he has a 10 yr ban due to overstay, they dont overlook those at the interview due to him being out of the country for some period of time. i have never heard of anyone getting by without having to file a waiver when one is needed unless they have been out of the country for the full span of 10 years.