a US citizen with an illegal immigrant

If he entered the U.S. with a visa, or if he or his parents were beneficiaries of either a labor certification application or an immigrant visa petition filed on or before April 30, 2001, he might be eligible to adjust his status in the U.S. based on your marriage. But if he is not eligible, he would need to return to Ecuador for his visa interview. By departing the U.S. he might trigger a 10 year unlawful presence bar on returning, but this ground of inadmissibility could possibly be waived upon showing extreme hardhip to you. Your health concerns could help with the waiver request. There are many other factors that need to be considered regarding his eligibility to immigrate lawfully to the U.S. I think you both should consult with a very experienced and highly reputable immigration attorney. In Montana, Deborah Smith is my go-to person.

How long ago was his 18th Birthday? Did anyone file for him or his parents on or before April 30, 2001? This can make a difference. If not, then there needs to be a discussion as to whether you can demonstrate, based upon your disease and limited mobility, that you will suffer extreme hardship, as a matter of law and consular discretion. Perhaps, this is the situation, but it must be proven to a consular official who will review the petition and the USCIS which will review the recommendation.

It is wise to review the unlawful presence laws and waiver/pardon with a candid and experienced immigration attorney.

The above is general information and does not create an attorney client relationship.