Oh, I hate giving this news. Our immigration laws are so unfair and restrictive that if someone has been in the US for more than 1 year illegaly they have to go back to their home country for their immigrant visa processing. Their departure from the US to do this process automatically triggers a 10 year bar from them being able to come back.
There is no waiver for this overstay violation if he is applying for his visa based n employment. Only if he is married to a US citizen or permanent resident or has a US citizen child.
So although you could go through the process of getting him to the immigrant visa processing, once he had to leave the US for his processing in his home country he would not be allowed back for 10 years. No exception other than the above marriage to a US citizen or permanent resident or a US citizen child.
And unfortunately he is not eligible for DACA - which would give him a work permit.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
I do not have any good news for this man you want to help.
I have to be honest with you even if it is not the news you want to hear.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.