Well, here is an official link to the new process:
It seems to me that you should qualify and I do not understand why your attorney is stating that you would not qualify. Perhaps he doesn't want to charge you again or he is afraid that you won't be able to pay him again. Who knows?
But what I do think is that you should postpone your appointment. Why? For two reasons. One, I think that while you MIGHT have a good case for extreme hardship to your spouse, it isn't so cut and dry. Take a look at this link:
And second, the new process I think may be a trap. Why? Because right now there are millions of undocumented persons in the U.S. that are married to U.S. Citizens and even have U.S. Citizen children but they do not leave because they are afraid to be stuck outside for 10 years. What has changed (or will change in March) is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now they say that the same person can apply inside the U.S., supposedly get a pre-approval, but they still have to leave the U.S. and present themselves to the U.S. Embassy or Consulate. So why do I think it is a trap? Because it could very easily be a way to just get those many millions of people to finally leave the U.S. and once they are outside, they can still be denied the waiver even though they have a "pre-approval". I just don't trust that. So at the very least, I would wait at least 6 months or more after they implement it (which is supposed to be in March of this year) to see how many of those pre-approvals turn out to be approvals at the end.
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