helpless and worried!

[alebl11]

To anyone who can help me...
My boyfriend of 9 months is currently illegal in the US. He entered the US with a work visa, but let it expire...He has been here illegally for over 2 years.
What I need to know is whether or not there is any way possible for him to apply for renewal without leaving the US. From what I gather..it doesn't seem likely. I have read up on something called a 10-year bar..stating that if you are here illegally for more than one year, you have to stay out of the US for 10 years as a punishment...
is there any way around this? Would this even apply to him if we were to decide to get married?
I have never felt so helpless...I have always believed that everything is solvable...but I am starting to think this is hopeless...
Does he have to return to Honduras before he can apply for renewal? Does he have to go back before we can legally be married in the US?
This is all very new to me...if anyone has any information...I would greatly appreciate it!

[meesh]

If you are engaged or married, you can start the legalization process here in the US. If he entered on a visa, then he can adjust status in the United States, meaning he does not have to go through a consulate abroad. If he were to leave the United States, he would be subject to the 10 year bar, since he has over 365 days of illegal presence (getting married won't change the bar). In that case, you would have to file the I-601 waiver abroad, meaning that the qualifying relative has to prove extreme and unusual hardship in order for it to be approved. If approved, the immigrant can return. So, it would be best to stay in the US, to avoid triggering the bar. If you are considering marriage, you can get married in the U.S. Afterwards, you could file the I-130 Petition for Alien Relative (available at uscis.gov). Others will chime in as well, so you can get a variety of opinions. Good luck!

[Pinkpig]

If your boyfriend entered the US with a legal visa generally he can adjust status (even with an overstay and being out of status) based upon marriage to a USC. There is a process that you would need to familiarize yourself with and there are some extenuating circumstances that you would need to clarify. Have a read here to start with.

http://www.humanrightsattorney.com/sub/index.jsp?contentid=WKRLyFWENvr98D8bGIDDeF4f

[Laura]

Well... if he entered on a work visa, then he should be eligible to adjust status, but none of this is possible if you don't marry. Currently, he has no basis with which to adjust status it sounds, but if you wanted, you could marry and as long as he doesn't leave the U.S. (which would trigger the 10-year bar) you would be able to adjust in the U.S.

Just so you know, there is a waiver for the bar, so if for some reason he is not eligible to adjust in the U.S., there is still hope, but that would mean him leaving the U.S. for a period of time.

Good luck!

[alebl11]

Thanks for all of your responses...
at least now I have someplace to start. This is so overwhelming, and I just want to know what I can do to help him.
I appreciate all of you taking time to respond...
Good luck to all of you as well!
AL