Legal Question in Immigration Law in Nevada

Yes, if you petition him for an immigrant visa and an extreme hardship waiver is approved, he might be able to obtain a visa and come to USA as a permanent resident.

"Ban" is not on his passport, but if he stayed in USA for over 1 year illegally and then departed the USA, he is banned for 10 years, and this is why a hardship waiver will be required.

Why didn't you petition for him earlier, while he was in USA prior to or during immigration court removal proceedings? Did you file any petitions for him with the USCIS in the past, and what was the decision? If he had applied for adjustment of status prior to being referred to immigration court, normally, it shouldn't have been denied for overstay (if he is married to a US citizen and came on a valid visa/passport).

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