WOULD A VISA WAIVER BE ISSUED IF I AM BANNED FROM ENTERING THE USA?

[mombasa1157]

MY HUSBAND & I ARE FROM AUSTRALIA & ARE PLANNING ON TAKING OUR 4 YEAR OLD TO DISNEYLAND IN JUNE. OVER 7 YEARS AGO MY HUSBAND WAS TRAVELLING & OVERSTAYED HIS TOURIST VISA BY AROUND 12 MONTHS. HE LEFT THE USA WENT & WORKED IN GERMANY FOR 3 MONTHS & THEN CAME BACK TO THE USA & WAS RE-ADMITTED ON ANOTHER 90 DAY TOURIST VISA, AT THE END OF WHICH (HE OVERSTAYED BY 60 DAYS) HE CAME HOME TO AUSTRALIA & HAS NOT BEEN BACK SINCE. HE WAS NEVER TOLD HE WAS BANNED ETC. & NOBODY SAID ANYTHING WHEN HE LEFT THE USA. I HAVE APPLIED FOR A VISA WAIVER FOR HIM & IT HAS BEEN ACCEPTED. DOES THIS MEAN HE IS NOT BANNED?? HIS OLD PASSPORT EXPIRED & HE NOW HAS A NEW E-PASSPORT.
WOULD THE US ISSUE A VISA WAIVER IF HE WAS BANNED? WOULD IT NOT REGISTER IN THE SYSTEM & THE VISA WAIVER APPLICATION BE REFUSED? THANK YOU FOR YOUR ADVICE!!

Normally yes it means they let him back in or his overstay has not been put in the records.

He could still be stopped at the border though. -- Normally it's okay to proceed if you already have the visa but it is possible and does happen sometimes.