Legal Question in Immigration Law in North Carolina

It depends upon what his full immigration record shows. Assuming he is just subject to the unlawful presence bar, and you are a US citizen, then he may be able to apply for permanent residence in conjunction with a I-601 waiver.

You may find information on this process here:

http://www.msclaw.com/index.php?page=immigration-waivers

Mr. Cho is correct. You will need to obtain his file from Customs and Border Protection to determine if they issued a voluntary return or an expedited removal order. That will dictate your course of action. Assuming he is outside the U.S., you will need to file the I-130 for your marriage and then depending on the above outcome either a I-212/I-601 or just an I-601.