Legal Question in Immigration Law in Florida

If he originally entered legally, then you can petition him for legal permanent residence once you are married, despite him being out of status currently. However, if he entered illegally, then you will need to file a provisional waiver & it will be much more complicated & there is always a chance it could be denied. In the latter case, I would highly recommend being represented by an experienced immigration attorney & not try to handle a provisional waiver case on your own.

With respect to prior counsel the answer is maybe. Besides determining whether or not his entrance was in fact lawful or not, you'll need to determine if he's admissible. Regardless of whether he files to get his status through a process called adjustment of status or if he consular processes the grounds of inadmissibility come into play. Please hire a lawyer to help your family unit remain intact. We handle cases like this throughout the country so feel free to contact us.

Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM