Ok. Under the current law, he has the following options:
1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then he may be able to get Residency if he entered the U.S. early enough.
2) Apply for Asylum (he had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.
3) If he marries a U.S. Citizen (for love, of course), he could file
for Residency without leaving the U.S. as well as if he has a U.S. Citizen son or daughter over 21.
If he does option #3, he would have to ask for a waiver for the fraud that he committed which is done on form I-601.
Now under the proposed reform, he may have a chance, but until the President signs it, we don't know what the exact requirements will be and if would be able to file an I-601 waiver under the new reform. So unfortunately, for now, we just have to wait and see.
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