Are you a U.S. citizen? Are you sponsoring your husband for a green card as an immediate relative?
If you are a U.S. citizen and your husband last entered the U.S. with inspection but is an overstay, he may be able to file for and obtain his 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 these type of cases is proving his last lawful entry. If he had a passport stamped or he was documented in anyway, that makes the process a little easier.
There are several issues to review before filing any paperwork for someone who is here in the U.S. w/o any status. You want to make sure that he is eligible for whatever he is pursuing and that the filing does not trigger placing him into removal proceedings.
You should consider consulting with an immigration attorney before filing anything.
You can find some general information on the marriage-based green card process at:
http://www.familytousa.com/green-card-through-marriage-ad/
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Nov 14th, 2012 at 6:10 PM