Waiver required?

[KJS 0]

My fiance and I are getting ready for our interview in Ciudad Juarez and as I completed the DS-156 form, I indicated in question 29 that he attempted unsuccessfully to cross the Mexican border illegally prior to our application and was in the US for one hour because he was caught by border patrol, fingerprinted, and sent back. I also indicated this in our original I-129F petition.

Am I indicating this in the correct place?

Do I also need to answer yes in question 38 regarding being unlawfully present in the US?

Should I anticipate that we will have to go through a waiver process after the interview?

I'm hoping someone else has had to deal with this situation. Any info is appreciated.

[emt103c 10]

This should be in the 601 section, which is why there haven't been any answers yet.

It sounds like a catch and release. If there were no further EWI entries and no other time spent in the U.S. illegally, it is quite possible that he won't need a waiver of any kind. If they gave him an expedited removal, then he would need an I-212, but this does not sound like a deportation.