If you are married to someone with no legal status, you need to have a consultation with a competent immigration attorney to discuss if your spouse is eligible. If he entered illegally, then he is not eligible to obtain a green card in the US unless he fits into a law called 245i. That is where an employer or family member filed specific paperwork for him or sometimes a family member, before April 30, 2001. Otherwise he needs to leave the US and apply for a green card through the three step consular processing stage. If he has been in the US more than 180 days with no authorization, he will then be subject to a three or ten year reentry bar. You then must file an extreme hardship waiver to try to get that waived early. This is an intense process so I really recommend you make an appointment. Additionally you want to see if he has other eligibility such as asylum or a U visa!
Answered on Feb 28th, 2011 at 1:51 PM