My husband came to this country with visa granted by USA embassy at my country but he stayed longer than 6 months and he lost the Privileges of his visa for violating the immigration law.
what USCIS form I can file to change his immigration status? please advice.
Much more information is needed. A US citizen or permanent resident can sponsor a spouse by submitting a petition for an alien relative. The spouse must also petition to adjust status. Knowing which forms to submit is about 5% of your challenge. The immigrant's criminal history, immigration history (including type of visa), and both spouses marital histories must be reviewed. The are many specific requirements that must be followed and evidence that must be submitted or your application will be denied. You need to consult with a lawyer so you don't waste your time and money.
Your question cannot be meaningfully answered without more facts. What type of visa did he enter on? When did you get married - after he came into the country or before? Are you planning to file a petition on your husband's behalf, concurrent with his green card application?
You should speak with an attorney. This is not about simply filing forms - it is about the law. Your husband is now generating unlawful presence, which could potentially bar him from reentering should he depart in the future. Call one for a consultation.
I agree that to provide you with a good answer, you would need to provide more information. However, here is a general answer:
If your husband came on a tourist visa and you are a U.S. citizen, you can file an I-130 petition for him. If he is still in the U.S. (i.e. he did not leave the U.S. after accruing more than 180 days of unlawful status), he can file his application for adjustment of status (I-485) and his application for a work permit (I-765) together with your I-130.
If you are NOT a U.S. citizen, your husband will NOT be able to adjust status as described above because he is not in lawful status right now. He would have to go back to his country to obtain an immigrant visa to return to the U.S. However, if he has been in unlawful status in the U.S. for more than 6 months, he would require a waiver to return to the U.S. This could get very complicated very quickly. Consult an experienced immigration attorney to help you.
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