What do I need to fix my husband papers?

How did he enter the U.S.?

We can assist you in filing a petition for your husband on your behalf. Once his petition is approved then we can file for a waiver so that he won't have to leave the U.S. while waiting for his green card.

Unless he is the beneficiary of a relative petition (I-130) that was filed by April 30, 2001, he will have to return home for his visa interview before he gets his green card. If he has been in the US in excess of one year, he will be subject to the 10-year bar. He can seek a waiver of the bar on form I-601 by establishing extreme hardship to you.

Yes, he would have to go back to his home country to consular process and by leaving the US he would automatically trigger a 10 year bar to reentry, unless he can prove extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. He may, however, qualify under the executive order announced by President Obama this week to get a temporary work permit (not green card), if he is under the age of 30, entered the US as a child with his parent, and completed high school. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Of course you can file a family based petition on behalf of your husband. However, since your husband entered illegally, he is not eligible to adjust his status in the United States. He will have to leave the United States to adjust his status and process his papers at the US consulate in El Salvador. Once he departs the US, however, he will be hit with a 10 year bar and will have to apply for a waiver to be admitted into the US. This waiver would be available to him as you are a US citizen. Nonetheless, the waiver is still difficult to get. You need to speak with an immigration lawyer and present all your facts to get accurate legal guidance.