Generally a beneficiary of an immigration application must be in lawful nonimmigrant status in order to be eligible to apply to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card'). An exception to this requirement exists for spouses of U.S. citizens who entered the U.S. lawfully and with inspection and then overstayed their visas. Of course, there are many other details that have an impact upon immigration eligibility. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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