The "new law" is a provisional waiver of unlawful presence and it doesn't confer any new immigration benefits, but simply allows you to get a decision on whether a waiver has been granted before the immigrant leaves the US to interview. Because it seems like he has already left the US, this waiver will not help him because only those who are living in the US are eligible.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.
You really need to meet with an attorney to have his case evaluated.
By the way, this is NOT A NEW LAW ... rather is is a new program for an old law.
The standards for qualifying will still be high.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The provisional waiver program applies to persons living in the us. Your husband will have to submit a waiver after his immigrant visa appointment. The good news is that the processing times for these waivers should be the same (according to USCIS statements and estimates).
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