The answer is that it would appear that you can file a petition on behalf of your spouse. However, if he entered the US without inspection, sounds like he would be required to leave the US and be required to submit appropriate applications with the consulate and USCIS office abroad to obtain an immigrant visa to return. Before setting yourself on this plan forward, I would advise that you schedule a consultation with a competent attorney who can review your spouse's case, determine if he may qualify to apply for any immigration benefits in the US and if not, the process of submitting the applications thru the consulate. Be careful out there and make sure you hire someone who is both qualified and who can answer your questions and explain the process to you. Good luck.
Answered on Mar 08th, 2012 at 4:51 PM