Can a Person Whose Visa Has Expired but is Married to a U.S. Citizen Apply Again

Hello,

My husband and I are both immigrants, however, I am the only one who is a citizen since I moved here before I met him. He has been here for almost 3 years, but his visa just expired a couple of months ago. We got married over a month ago, and are hopefully expecting a baby soon :) . Is it at all possible for him to apply for a visa without being sent back to his own country ?

Thank you for your help :)

So he obtained a visa under fraudulent circumstances and is now incurring an illegal overstay. Absent compelling legislation in his favor, he needs to vacate the country before he incurs a mandatory ban for 10 years.

He entered on what type of visa? Can we safely assume that he has not been the subject of any criminal prosecution or removal proceedings?

he entered under a student visa but he wants to apply for a work visa, and no, he has not gotten into any trouble or anything like that...

As a citizen, you may apply for your spouse. As long as his entry was with inspection and he does not have a pending immigration legal action, it is fairly simple. Read the USCIS website regarding applying for an "immediate relative" and post back with specific questions. You can also seek assistance from any of the social service agencies providing legal assistance on immigration matters; Catholic Charities and Lutheran Relief are two respected ones that have offices around the country. He should remain in the US until this is taken care of because in certain instances he would be banned from returning for up to 10 years.