The first step is to determine whether your husband is eligible for permanent residency (green card) based on your marriage.
If your husband last entered the U.S. with inspection but is an overstay, the good news is that 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 his case is proving his last lawful entry into the U.S.
If he did not last enter the U.S. with inspection and he is an EWI (entered without inspection), there are more serious issues to review. He may still be eligible to obtain permanent residence status based on your marriage, but he may need an immigrant waiver.
In order to properly analyze all of the issues of your husband’s case, you should consider scheduling a consultation with an immigration attorney. This allows the attorney to fully review the specific facts of your husband's case and advise on a proper strategy.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Aug 27th, 2012 at 4:11 PM