Yes, he may or may not be eligible for provisional waiver. See an immigration attorney for more specific consultation.
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I agree with my colleagues ... meet with an attorney and talk about the provisional waiver.
Many of us do this type of consultation via Skype, so location isn't an issue.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Definitely need to consult with an attorney. App depends on his record.
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Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com