Can my husband be deported once his visa has expired?

Since you are a U.S. citizen, your husband is considered an immediate relative. Also since he came on a visa and overstayed he is eligible to adjust status in the United States based on his marriage to you. Consult an immigration attorney to guide you through the process of submitting a one step adjustment of status application.

It appears as if your husband entered the U.S. legally because he possesses some sort of immigration permit that will expire this December. If so, he should consider applying for adjustment of status in conjunction with your petition for him. Depending on the facts of his case, he may also be eligible for DACA.

As a general rule, if your husband came to the US with a visa even if it has since expired, he remains eligible to adjust status [green card] and without having to leave the US, if you, as his US citizen spouse files the necessary paperwork with CIS. Average processing time of this type of case is about 6 months from filing to your joint interview at your local CIS office and hopefully, an approval I caution that while this may seem straightforward, please note that immigration law is very complex and can be daunting if you are not familiar with the process. Minor errors will cause big problems later on. Please consult with an experienced lawyer in your area prior to filing any paperwork.

He should be able to get permanent residency fairly easily based on the facts you provided. Contact an immigration attorney as soon as possible to get this done.