Legal Question in Immigration Law in California

Hi. He can file the visa petition for you. However because you're out of status you cannot complete the second step which is adjusting status. Adjusting status is a two step process requiring both the visa petition approval and then an approval of an application to adjust status. Not everyone can adjust status because you must eligible and not otherwise inadmissible. To determine eligibility, you should discuss this with a lawyer. As well, your husband should be looking to naturalize as soon as possible as that will speed up your case too. Finally, if you have any children or are eligible for DACA you should pursue those matters too. Feel free to give us a call as we represent people throughout the U.S. and the world in U.S. immigration matters.