If he plans to remain in the U.S.A., while the application is pending, then you will have to file the Form I-601A, provisional waiver. The waiver is to "waive" your Husband's unlawful presence in the U.S.A. The burden is on the Applicant to demonstrate that his U.S. Citizen spouse will suffer from extreme hardship should they be forced to relocate to the loved ones country of origin and show how the U.S. Wife would suffer without her Husband in the U.S.A. This is a very tough burden to meet, and should seek a consult with an immigration attorney to make sure that Husband is even eligible for the program.
Enrique F. Mesa Jr., Esq.
Phone: 603-296-2222; Email: LawServeAtty@aol.com. LawServe - 15 Stark St., Manchester, NH. The information provided is for informational purposes only, and is not to be construed as legal advice or a creation of an attorney/client relationship.
The I-601 is filed to request a pardon ("Waiver") for a something in your husband's past. Unless the thing in his past is pardoned (whether it be a crime or immigration offense), he is not eligible to get his green card. Speak to an attorney about assistance, because the actual Form I-601 is only about 2% of getting such a case approved. The biggest part of the case is proving extreme hardship, and knowing how to make the legal arguments and what to submit. Best of luck.
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Very important one. An inadmissibility waiver application. It can be found on www.uscis.gov in the "Forms" part of the site. There, you can also find instructions to the form and learn on your own pace what it is used for.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
The fact that you are asking this question to me means that you need to have an immigration attorney represent you. You do not want to go fishing in the dark for what may or may not be the right forms, documents to file, process to follow, etc. An I-601 waiver - in essence, a sort of "forgiveness" for an illegal entry/illegal presence on an otherwise qualified immigrant who is eligible to adjust status - is very very complicated and difficult to have approved, so my advice would be to hire an immigration attorney to assist you with it.
This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.