.. that's in case the person enter legally to the state (visa) liked the US and
keep staying here (over 12 years .. thanks
Not sure your question is asked clearly. If you're asking can someone outside the U.S. apply to enter lawfully through a valid marriage based petition, then yes there is a process depending on the facts and prior immigration history and you should seek legal counsel and ask about consular processing options. If you're asking can someone inside the U.S. who is currently undocumented adjust their status then this is a much more difficult issue. It will depend on very specific facts and circumstances particular to your case- be sure to get excellent advice from a competent immigration attorney.
Yes--a person that entered the U.S. with a valid visa and overstayed can generally adjust status in the U.S. on the basis of a petition from a citizen spouse. This is assuming no other ineligibility grounds such as crimes or misrepresentation apply in the case. Your best bet would be to sit down for a discussion with an attorney in your area to go over eligibility in detail. Best of luck.
Jeff Khurgel, Esq.
Orange County Office: (949) 509-6515
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