Need advice on filling out DS-160

[InsanelyOne 8]

My fiancé is presently filling out the DS-160 and we are unsure about a couple of questions. We've gotten advice from our lawyer that we don't necessarily agree with and I wanted to open it up to the forum for suggestions.

My fiancé came to the US in 2001 on an F-1 student visa but during that time suffered unexpected financial hardships and was unable to register for classes one semester. This resulted in him falling out of status. He applied for a re-instatement but it was denied. Anyone who has experience with USCIS immediately after 9/11 knows how difficult it was. The denial letter stated that he was considered as overstaying effective the day he first went out of status which means that by the time we could get our affairs in order and leave the country, he was subject to the 10-year ban. It is now over 10 years and we are planning our return to the US. There are a couple of questions on the DS-160 that ask if he was ever asked to leave the country or ever cumulatively in the US out-of-status in the last 10 years. We feel he should answer no since this happened more than 10 years ago. The lawyer says to answer yes because that is why he left the US in the first place. I think answering yes will just raise red flags. Could it be that if we answer no they will think we are trying to hide something?

Any advice is appreciated...

[TBoneTX 45,319]

Our success in the immigration process is improved when we read carefully and interpret literally. "In the last 10 years" means exactly that. Bring back-up information to the visa interview in case you're asked for it; however, should you be challenged by the consul, firmly (and correctly) reply (and insist) that the form says "in the last 10 years."