You are not dealing with the Consulate. You should be dealing with the National Visa Center.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
You need to consult with an immigration attorney. If USCIS has sent the I-130 approval to the NVC, then you and/or your husband will receive notice from NVC regarding the next steps. Your husband will need a waiver, and it will be important to work with an attorney to try to submit the strongest waiver application possible, to have a chance of success.
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Given that your husband will need an extreme hardship waiver to be approved border he is allowed back in the US, you need to hire a competent immigration lawyer in your area to prepare and handle the case for you. This is not something to be done on your own.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleagues. You need to have an immigration attorney assist you in this difficult case.
Alexus P. Sham email@example.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.