I would agree with the first lawyer except that I would not wait for 5 years. You can file your I-130 petition at any time but the recency of your husband's removal will likely count as a negative factor against granting his request for permission to be re-admitted after removal. I would wait a few years while preparing for a strong waiver.
Unless you have a strong waiver application, I would wait until more time passes before you file your petition. The recency of the deportation reflects negatively on your husband's record and I am afraid you did not have sufficient time to develop requisite degree of hardship to prove your case.
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