I-601 question?

[YRuth]

My Husband is from Guatemala, he came to the United States illegaly when he was a minor. He applied for Assylum on April 00. In July of 00 he received his work permit etc...
My husband and I got married in April 06, and in 07 his Assylum got denied. The judge denied his Assylum and he was given till February 07 to voluntarly leave the United States. My husband left before February and during the court hearings with the judge we filled the I-130 form. On March 07 the I-130 was approved. On August 07 I send my husbands birth certificate, police records etc... to NVC. The only thing that were waiting for is the interview.
Now my husband left voluntarly to Guatemala, does he still need to file an I-601 form?
I will appreciate any answers.
Thank you,

[Laura]

Hmm.... was all the time he accumulated in the U.S. from the time he turned 18 until the time he left considered "unlawful?"

Or did the fact that he was in asylum proceedings keep him in status?

If that time was unlawful presence, and he accumulated at least 365 days of it (after his 18th birthday), then the moment he left the U.S he triggered the 10 year bar and therefore the need for the I-601. It doesn't matter, in that case, that he had VD, that only prevents him from needing the I-212 waiver as well.

[YRuth]

He came to the U.S. when he was 17 years old. Before he turned 18 he applied for Asylum and was accepted. With in 3 months he recieved his authorization card. After we got married his Asylum was denied and the nightmare began.

[YRuth]

Yes, because he was in proceedings in 06/07 he still was in good status.