In his circumstances, since he entered before 1991,
he may be able to still apply under what his called 245(i). 245(i) actually expired, but many people are getting exceptions these days. He would need to visit with an immigration attorney first to explore the following opitons:
- he can petition the court for voluntary departure. This would allow him to depart the U.S. and not incur a bar to re-entry. You would then immediately submit a form I-130 to sponsor him in the green card status. this would take about six to 10 months. After the I-130 is approved, he would then petition for his green card from overseas.
- Alternatively, he could gain entery to the U.S. legally in any status, and once here, he would have you apply for sponsorship and concurrently apply for his green card.
NOTE: It is possible to take a more risky approach. that is, you could file the I-130 anyway, and when it trigers his attention to the USCIS, then he could still apply for voluntary departure, but this time, he can petition for a hardship to be allowed to remain in the states to process his green card. He would have to file a supplement to the I-485. In fact, you should do this anyway. Concurrently file everything.
If you need assistance with this, you can contact the following company to assist you. they offer very cheap case management: globalhr@comcast.net
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