Yes, he may or may not be eligible for provisional waiver. See an immigration attorney for more specific consultation.
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You should meet with an immigration attorney to discuss your case in detail. His prior instance of getting caught will be an issue since that means he probably attempted to enter at least two times..
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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.
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Definitely need to consult with an attorney. App depends on his record.
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