Some will depend if he entered legally or illegally. Also, I would need to know if he had anything filed prior to April 30, 2001. If he falls under an exception or 245(i), he can adjust here in the U.S. Otherwise, he must file under Consulate Processing, leave the U.S. and also apply for the Waiver of the 3/10 year bar. Please see more below.
Brian D. Lerner
Attorney at Law