Under the current immigration laws, he is not eligible to legalize his status within the US if he entered the US unlawfully. He would have to go back to his home country but as soon as he leaves the US, he will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Jan 23rd, 2014 at 9:07 PM