Meet with an attorney. Your husband may be eligible for the provisional waiver available next month. An attorney can review your husband's options and advise him (and you) accordingly.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
Depending on his immigration and criminal history, he may be an excellent candidate for the new I-601A provisional unlawful presence waiver program. This requires you file an I-130 visa petition and get it approved on his behalf and then you can file for a waiver of his unlawful presence using the new I-601A. Your case appears to be equitable and at initiation sounds winnable.
Your husband will not be able to adjust his status in the United States under current law. He will need to seek an immigrant visa through consular processing. However, his departure from the United States will trigger a bar to admission for unlawful presence. Based upon the information provided, your husband may qualify for the provisional waiver, which becomes available on March 4, 2013. I encourage you and your husband to retain an experienced immigration attorney to assist you.