Does your husband have any other criminal issues? He came to the U.S. for the first time 6 years ago, is that correct? Any problems at the border? How, exactly, did he enter (I know it was unlawfully, but there are different ways of entering unlawfully)? Has your husband ever lied about his immigration status for any reason, including claiming to be a U.S. citizen? Do you have any criminal record? Were you married before? Was he married before?
Your husband does not qualify for the 601A as he has a DWI. He could apply for the 601 waiver possibly. Consult with an experienced immigration attorney
To start the process, you would first have to file an Immigrant Petition on your spouse's behalf and get that approved. Please consult an experienced immigration lawyer about the process.
Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.