Answered on Mar 21st, 2011 at 2:58 PM
Yes, you can petition for his green card despite his overstay. If his overstay is in fact over one year, you will need to seek waivers for him to stay in the US during the application process. This involves persuading the government to make an exception to this bright-line rule. Attorneys are skilled in presenting cases to USCIS, so you should consider hiring a lawyer now rather than after your husband is issued a Notice to Appear (deportation proceeding).