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My husband entered the USA illegal in Dec 1998. Immigration officers caught him 5 minutes before arriving to Indio CA. He was sent back to Mexico. They did took pictures and fingerprints, but he was not told that he was deported or anything. Ten days later he tried and passed again, this time they did not caught him. He has no criminal record, he has not been outside USA since that time. I am a US citizen, we have been married for 5 years, and he already has the I130 approved. Can we file the I601a or do we have to file the I601 instead? Thank You