How long would it take for my husband to get his papers and would he have to go back to his country?

Generally, a U.S. citizen may sponsor a spouse to adjust status in the U.S. (and without having to go abroad) in the Immediate Relative visa category, if that spouse entered the U.S. lawfully and with inspection, and this is true regardless of whether the spouse may have long overstayed his initial visa, and regardless of whether the spouse may have worked without authorization. If the U.S. citizen spouse does not have sufficient documentable income to meet the legal requirements, it may be necessary to have a joint sponsor for that case too. The USCIS is inconsistent in the amount of time it takes to process these types of cases, but generally the USCIS's Atlanta Field Office (which covers all of Georgia and Alabama) can be expected to complete an adjudication within approximately 4 - 6 months of filing. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.