Legal Question in Immigration Law in Arkansas

Re: Does he have to leave or not?

From the facts you have provided, because your husband entered illegally, you could file the visa petition on his behalf while he is here, but, in order to complete his adjustment of status process, he would have to leave the USA. Anyone who remains illegally in the USA for more than 6 months, can not come back to the USA in 3 years. Anyone who remains illegally in the USA for more than a year, can not return in 10 years, therefore, if you were to petition for him and he had to leave the country, he could not return in 10 years. In order for him to be able to return to the USA faster, you would have to apply for a waiver based on the hardship you would suffer if he were not to be allowed to return before the 10 years. If the waiver is accepted by the consular office abroad, he could adjust and return to the USA in less time (than the 10 years). This waiver has to be very well documented and I would suggest you retain an immigration attorney to guide you with this complex process. If you have any further questions, do not hesitate to contact me. Good luck!