illegal married us citizen

[robtex]

I have read through all the FAQ but I am somewhat confused as to the answer. If this is not the correct forum my apologies. This is the situation.

Illlegal in US and working for over 5 years. Marries US citizen 2007, has child, and has been together for 1 year. What is the process to sponsor him for green card or adjust his status? Should she apply for him or will he have to return to mexico to wait? He has never been inspected, processed for criminal activity etc. Sorry I just have been reading on those that are legally here via visas but not with someone who has no papers. is there a fine that he would have to pay?

Any help or point to the correct link which to research will help. Thanks again.

 

[gorjjo]

I think it's gonna be tough for you to adjust status. You are ineligible for adjustment of status because you were not inspected at time of entry, and you entered illegaly. One of the questions on the I-485 (Adjustment of Status paperwork) is "Were you inspected at a Point of Entry?"

Good luck, and a lawyer could maybe help you!

sorry for the bad news.

http://www.uscis.gov/files/form/i-485instr.pdf

specifically read number 10 on this form in the instruction..."Who is not eligible..."

 

[captainkit]

I have to agree with gorjjo. If you come here on a legal visa and then overstay and become illegal, you are normally able to do AOS. But without inspection at the point of entry you'd need to go home and try consular processing, and after 5 years of staying here illegally that's going to trigger a long ban.