Nothing in your question indicates that he would need a waiver.
(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.
Yes, indeed an inadmissibility waiver based on "extreme hardship" to you will be necessary to be filed. It is not as simple as "filling a form" and asking for the "perdon" (if only life were that simple..) If you really want the waiver to be an approvable one, you better hire a competent, experienced and licensed US immigration attorney to help you put together that waiver.
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 would agree with Mr. Shusterman on that. I see nothing in your question to suggest the need for a waiver. If you believe we possess clairvoyance abilities here on AVVO, we do not.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; 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.
People who enter the US without papers and remain for over 6 months trigger a bar to re-entering the US with a visa once they leave the US. If your husband was in the US without papers for 6 months to one year, he would have a three year bar. If he was in the US for more than one year, then he would have a 10 year bar. So, in essence, the date he LEFT the US is the important date to determine whether or not he will need a waiver.
You should speak with an immigration attorney to further understand the situation and determine your options.
DISCLAIMER: This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private