What do i need to do to legalize my husband?

If your husband last entered the U.S. with inspection but is an overstay for many years, he may still be able to file for and obtain a green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.  The big issue in his case is proving his last lawful entry.  If he had a passport stamped or he was documented in any way, that makes the process a little easier.  If no, affidavits may be required.  Even an immediate relative, however, is ineligible to adjust status 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 Mexico.   Again, the key in his case may be whether he entered last when he was a child with inspection or not.  We have handled similar cases where we had to prove that an entry from long ago was lawful. Addressing the last lawful entry issue, if he did enter with inspection, he may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  Every case is different.  This is a complex issue that should be reviewed by an experienced immigration attorney.  Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com