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He is subject to a 10 year bar if he leaves the country but if you marry in the US and file I-130 and I-485, etc in the US he can get a Greencard through you. His overstay will be forgiven since you are a USC/.
 
P.S. remember he should not leave the country until he has the greencard in hand otherwise he will be barred for the 10 years.
 
I think the important questions is - how did he enter the country?
Did he enter legally (Ie, he was inspected by border officials) and does he have proof that he entered legally?
Or did he illegally cross the border (ie without inspection, false documents, sneak across the border etc)?
 
elcupacabras said:
I think the important questions is - how did he enter the country?
Did he enter legally (Ie, he was inspected by border officials) and does he have proof that he entered legally?
Or did he illegally cross the border (ie without inspection, false documents, sneak across the border etc)?
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What difference does it make if he interned illegally or legally? Once they get married and she files for AOS...he might have to pay a fine if he got here illegally.
 
USER2345 said:
What difference does it make if he interned illegally or legally? Once they get married and she files for AOS...he might have to pay a fine if he got here illegally.
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If someone entered illegally into the US (ie, illegally crossed the border without inspection) then they CANNOT AOS in the US. To AOS you need to provide proof of legal entry.
 
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