I recommend speaking with an immigration attorney regarding your situation. If you are planning on getting married, you would be able to file a petition for him as an immediate relative. Whether he would qualify to adjust status while in the United States depends on several factors including whether he entered legally or without inspection. If he entered without inspection, he may still be able to qualify through 245i, which is a provision in the INA. This is a narrow provision and may be an option depending on when he entered and whether a petition has been filed on his behalf. If not, there are still other options you may pursue. I highly recommend speaking with an immigration attorney regarding your case so you can determine your best course of action.
Answered on May 12th, 2011 at 11:54 AM