This is impossible to know without more facts. Hire an experienced immigration attorney to help prepare a provisional waiver n the US for your husband.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Waiver does apply - but whether it will be granted is another story. Mr. Shusterman is correct; it's really hard to say whether it will be approved without more facts. One thing you should do is to contact NVC and tell them you intend to apply for the provisional waiver. They probably sent you a notice in early January about this.
You need to have a detailed consultation with an experienced immigration lawyer to advise you on the strength of your provisional waiver.
The above is general advice and no substitute for targeted advice given by a competent attorney. No attorney-client relationship is created by the provision of the above advice. The HMA Law Firm www.hmalegal.com 703.964.0245
The likelihood of a waiver being granted depends upon your ability to establish that your husband's exclusion from the United States would cause you an extreme hardship. Consult with an experienced immigration attorney who can review the facts of your case advise you what to expect and how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.