You MUST talk to an attorney before doing anything.
Yes, he may need to do the I-601A.
The biggest concern I have is what he put on I-9 forms for his status.
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If he did not apply for anything real prior to April 30, 2001, you will need to embrace the Provisional waive procedure or wait for may be a reform to be.
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Sounds like a waiver will be needed. To be sure, you definitely need an attorney to look at all facts. Best wishes.
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I agree with both of my colleagues. You need an immigration attorney to review and advise you. We can give you general advice only and you need to map out a strategy for your spouse. 1) yes, a 601 waiver is likely needed. 2) It appears the provisional waiver process applies to him. The provisional waiver process will be stateside processing of the 601 after your I-130 approval and start of the immigrant visa process. However, seek out an attorney to help you as the strategy is critical to your future. Keep paying taxes. If we do get immigration reform it is likely to include a provision for requiring taxes to be paid and up to date.
The first step is to schedule a consultation with an immigration attorney. Under current laws he probably would require a 601A waiver but it is impossible to know without more information. My firm handles immigration matters in NY.
Law Offices of Nicklaus Misiti
212 537 4407
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