How can I petition my husband who overstayed here in the US?

If your husband jumped ship, I assume that he was a crewman, and crewmen are not adjustable in the States unless they have the benefit of section 245(i) which allows most illegal individuals to adjust status in the States so long as they had a labor certification or immigrant visa petition pending on their behalf by April 30, 2001 and were physically present here on December 21, 2000. A good route for your husband to explore the present time is the I-601A waiver under which you would petition for him on form I-130 relative petition, have it approved, and then submit an I-601A waiver to USCS to request forgiveness of his being in this country illegally. He would have to show that you would suffer extreme hardship if the waiver is denied. If that is approved, he would then complete consular processing and go oversea for an immigrant visa interview in his own country. Please note, however, that the I-601A waiver only takes care of the bar against returning incurred by his illegal stay. Other grounds of the inadmissibility such as crimes, fraud, drugs, etc. are not covered. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Hello. I am not sure I understand all your facts. I would need more information. Did he enter with a lawful visa and lose it? He can file to replace his I-94. With proof of lawful entry (assuming it was not a C1 visa), he can file for his green card based on your marriage. Feel free to email more details: harun@ksvisalaw.com