I have been with my husband for 14 years and i just married him in 2012 legally. He is illegal from Mexico. We have 2 children together one is 3years

You did not specify how your husband entered the United States. If he entered "undocumented" (people refer to this as "EWI" or "not inspected" also), then he will have to process his immigrant visa through a US Embassy in his country of origin. However, if he entered with a valid passport/visa and was inspected by an immigration officer at an airport or land entry, then he can apply to adjust his status here and the provision waiver program would not apply to him. If he did enter undocumented, I would be certain that he did not enter the US more than 1 time. If he has, he might be ineligible for an immigrant visa for 10 years. This particular provision cannot be waived and requires that the person reamin outside of the United States for 10 years. On the other hand, if he is eligible for the provisional waiver, those can be filed starting March 4. Also, you will want to notify the National Visa Center (NVC) that he intends to file the provisional waiver by emailing them at NVCi601a@state.gov. Check out the link at http://travel.state.gov/visa/immigrants/nvc/nvc_5837.html to see what you need to include in such an email. The waiver for unlawful presence is dicrectionary, meaning that USCIS does not have to grant it. You have to show that your husband's not being granted the waiver will result in extreme hardship to you, his spouse. Children do not directly factor into a decision to grant a waiver. The 5 generally accepted factors for waivers are: 1. Your ties to the US 2. Your ties to your husband's country of citizenship 3. Economic hardship 4. If you have any chronic/severe medical conditions that require regular medical treatment that is otherwise unavailable or less available in your husband's country of origin 5. Current conditions in your husband's coutry All of the documents you file in support of cush claims are weighed together. I also, in preparing such waivers have the US Citizen spouse talk about why you cannot move to the spouse's country of origin. It is my hope that when the provisional waiver program goes into effect, we will see high rates of approval. However, it is hard to say since the waiver, by its nature, is discretionary.