It depends on what the current status of your husband is and how he originally entered this country. If he came on a visa and overstayed, for example, he can adjust status to a legal permanent resident now, provided that he has no serious criminal history. If he entered illegally, he may be required to return to his home country in order to consular process back into the US, and before he does that, he would need to obtain an unlawful presence waiver for staying in the US illegally. If he is currently in status and is present in the US legally in some legal status, he can adjust status now to a lawful permanent resident.
Answered on Nov 21st, 2013 at 4:44 PM