filing for i 485 for illegal immigrant husband

Kindly note that the provisional I-601A waiver which will soon come in to law has nothing to do with adjustment of status through form I-485 in the U. S. It will not give a person who entered the country without inspection, as a crewman, or as a transit without visa the ability to interview in the US for the green card. The provisional waiver would also not make such an individual eligible for the accompanying I-485 benefits of an I-765 employment authorization card or I-131 advance parole to leave the United States and return during the period of processing. The purpose of the I-601A is to allow immediate relatives of US citizens who are not adjustable in the US and would otherwise be barred from return to the U. S. if they attended an immigrant visa interview at American consulate or embassy overseas to file for and receive an adjudication of a waiver of the bar before they even decide to step outside the US to complete consular processing. Under present law, such an individual would be interviewed at the consulate or embassy, denied, and only then be allowed to submit an application for waiver, during which adjudication he or she would have to remain outside the US. The criteria of the I- 601A waiver is a showing that denial of the waiver would cause extreme hardship to a qualifying relative who would be a US citizen parent or spouse. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

The regulation we are expecting soon is one that will allow for filing a waiver of the grounds of inadmissability without having to leave the US.  The waiver application requires proof of extreme hardship to a US citizen spouse or child.  You should get a lawyer to help you prove extreme hardship.  Your lawyer will help you decide whether to wait for the new regulation or not.