How can my husband obtain citizenship?

When you say that your husband has no documentation being here as a child, I gather that the passport that he has contains no evidence of legal entry into this country. If that is the case and he is not the beneficiary of §245(i) (which allows adjustment of status upon a fine being paid for those who had labor certification applications or immigrant visa petitions filed on their behalf by April 30, 2001, and were physically present in the U. S. on December 21, 2000), he is not eligible to change his status to permanent residence in the country. If he leaves the U. S. to consular process a petition by you, you would normally be barred from returning for 10 years because of his illegal stay of over one year in the U. S. You may explore the possibility that your husband may be eligible for an I-601A provisional waiver, which could be applied for after a petition by you in an I-130 alien relative petition is approved by U.S.C.I.S. Following such, he could make an application on form I-601A to be excused for the 10 year bar and can await the result while in the country. The criterion for the waiver is his ability to prove that denial of such would cause you extreme hardship. If approved, he could set up his consular processing and be interviewed by a U. S. consular post in his home country in a normal immigrant visa interview. Upon approval, he would be allowed to immediately return to the U. S., and the green card would usually follow within 60 days to your address. 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.