If he entered without inspection and never had any petition filed on his behalf by a USC or LPR qualifying relative or had any employer begin sponsorship for him prior to April 30, 2001, then he would need to leave the U.S. and you as his USC spouse can petition for him to be admitted with a waiver. If in doubt, consult a lawyer on the specifics of your case.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
If you are U.S. citizen and he came to the United States with a visa and then overstayed, then by marrying him, you may petition for him to obtain lawful permanet resident status (LPR). However, if he crossed the boarder, i.e. entered without inspection at the port of entry, then even marrying to you does not make him legal. Contact an experienced immigration attorney to consult whether he might have alternative means of adjusting status in the U.S.
Contact Shokry G. Abdelsayed, Esq. at 201-471-7989. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.
You cannot marry anyone just to "get them legal." You need to marry for love. Whether and what would need to be done for him can get the green card through the marriage depends many factors, including your own status, how he entered the US, etc.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.