There are several criteria that must be met to be eligible for an I-601A waiver. Your husband will need to meet the following:
1. Must be present in the United States at the time of the filing of the application;
2. Must provide biometrics to USCIS at a location in the United States designated by USCIS;
3. Must only be inadmissible for unlawful presence as set forth under section 212(a)(9)(B)(i) of the INA upon departure and at the time of the immigrant visa interview at the U.S. Embassy;
4. Must have an immigrant visa application pending with the DOS based on either an approved immigrant visa petition for which the DOS immigrant visa processing fee has been paid or selection by the DOS to participate in the Diversity Visa Program under section 203(c) of the INA for the fiscal year for which the alien registered;
5. Must intend to depart from the United States in order to obtain the immigrant visa; and
6. Must establish extreme hardship to a qualifying relative such as a U.S. citizen spouse.
You can read more about the provisional waiver at http://myattorneyusa.com/provisional-unlawful-presence-waivers-rules-taking-effect-august-29-2016.
Answered on Jan 16th, 2017 at 3:38 AM