I married my husband who came to the US on a visa waiver from Portugal. We got married in September because we love each and I didn't want him to go back and forth, as it was his second time here. But before we had a chance to file the I-130 & I-485 papers he was crossing state lines with a friend and border patrol detained him. He has no criminal history and just a young 23 year old guy. He is in jail for over 3 weeks awaiting deportation. Visa Waiver made him ineligible for hearing and ICE is being extremely harsh. His overstay was only 3 days. I am his wife and a US citizen. I have filed the I-130 petition for him (which got rejected because the attorney sent it to the wrong location - but we will resend it)
My question is: The overstay was not long but the visa waiver apparently makes it worse than if he just had a regular tourist visa. How long will he be banned from re-entry? Do I need to file I-212 waiver and what are the chances that it will approved? I know he has to come to the US now as my spouse on K3 visa but I have no idea how the ban affects the K3 Visa process and what steps I need to follow.
Can someone help me with any information please? I am very desperate and sadly I hired an incompetent attorney who I am firing for causing us even more hardship.

