Although, you can file a petition for your husband and the fact that he is out of status is no bar to doing so. The current visa bulletin shows as you pointed out a visa may be immediately available. Unfortunately however, if he out of status, he may be ineligible to adjust status. Because you are a legal resident alien LPR , For aliens like your spouse who are not in lawful status are statutorily ineligible to adjust status aso shows who you stated is in the US even though, he may be out of status, and doing so might even be
Answered on Jul 18th, 2013 at 3:09 AM