My fiance is an illegal immigrant from El Salvador. I am financially dependent on him- he works I don''t. Can he get a greencard without leaving?

Even an immediate relative (spouse of U.S. citizen), however, is ineligible to adjust status for a green card within the U.S. if s/he last entered without inspection. In those cases, the immediate relative must return to the consulate abroad and apply for an I-601 hardship waiver. These matters are commonly seen with Mexican nationals who entered the U.S. without inspection and married a U.S. citizen. these individuals are ineligible to adjust status from within the U.S. and must process for an immigrant visa and I-601 hardship waiver at the U.S. Consulate in Ciudad Juarez. ***  HOWEVER--- There is a proposed rule change that would allow I-601 hardship waivers to be applied for from within the U.S.    U.S. Citizenship and Immigration Services (USCIS) just recently posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence.  The proposed process would allow certain individuals seeking permanent residence through their U.S. citizen immediate relatives to apply for waivers of inadmissibility before leaving the U.S. for their interview at a U.S. Embassy or Consulate overseas.  This would mean the individual would know whether the I-1601 was approved before going to the consulate and the family would not be separated for months at time as is the case with the current procedures. The Section 212(a)(9)(B)(v) hardship waiver requires a showing that the applicant's U.S. citizen or permanent resident spouse or parent (not children) would suffer "extreme hardship" if the applicant is refused admission to the United States. The factors deemed relevant in determining extreme hardship to a qualifying relative include, but are not limited to, the following: the presence of lawful permanent resident or United States citizen family ties to this country; the qualifying relative's family ties outside the United States; the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative's ties to such countries; the financial impact of departure from this country; and, finally, significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate. Matter of Cervantes, 22 I. & N. Dec. 560, 565-566 (BIA 1999). A showing of extreme hardship requires more than demonstrating the ordinary, typical hardship that a family member would experience if their relative cannot immigrate. Financial hardship alone is not enough. The hardship, which must be experienced by the U.S. citizen/permanent resident relative (not the non-citizen applicant), must go beyond that normally expected in cases of family separation. You should consult with an experienced immigration attorney who can advise on chance of success for a hardship waiver in your case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com