Overstay ban expired, still I601???

[emt103c]

My husband had an overstay that was less than a year incurring the 3-yr ban.

We had our interview in February, they did not ask for the waiver, because they wanted another certificate first. They told us that we would have to file an I-601 and I-212 (he had an expedited removal at the border as we tried to enter, unrelated to overstay.)

They did not take the waivers in February because they needed us to gather another certificate from his home country. It is now July and the 3yr ban for overstay has expired.

Will they require the I-601 still, or will it now just be an I-212?

[kitkat1]

If the 3 year ban for an overstay is over, a 601 is not required. He only needs a 212 if he was deported -- are you sure he was?

[emt103c]

They did an expedited removal at the border (instead of just denying entry.) It was definitely documented as such, so it counts as a deportation.

Thank you for your answer...I hope they agree. :)