immigration bar expired and still under AP

[aelizo38 14]

I really need advise and input it will be greatly appreciated. I have been married to my husband in Mexico for 4 years now I moved over to Mexico and crossed daily to work in the U.S and roughly finished my degree in the u.s. Now he has a 5 year bar that is 8 months from expiring. we had our interview last year  year on July 2017 in Ciudad Juarez where he was placed in AP, that was unexpected as we were expecting his visa to be refused and asked for I-601 & I-212 for attempting to enter illegal back in 2013.  Now my question is should I withdraw the pending application that is in AP or should I just wait to see what happens.? Thank you a lot for your answers  

[Boiler 43,787]

I 212 can be filed any time, I 601 depends on why it is needed.

 

Does he have multiple entries in his past?

[aelizo38 14]

Thanks for the reply the CO said to not file any waivers and wait for their response. He only got a withdrawal at POE  before he got the 5 year bar because his legal father who adopted him was a U.S citizen. He came here as a minor with tourist visa the adoption was finalized and is legitimate but his immigration process was taking a bit longer.  

[Boiler 43,787]

Does this sound like his situation?

 

First, an alien must either accrue more than 1 year of unlawful presence in the aggregate, or be removed under section 235(b)(1) of the INA, section 240, or any other provision of the law. Second, the alien who meets one of those two aforementioned conditions must also attempt to reenter the United States or successfully reenter the United States without inspection.