Helping an Undocumented Spouse Obtain LPR Status

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Quoting Dogmatique

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The infant part is a done deal at this point.

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Not necessarily, see below.

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But you do raise a valid point - he did get a work visa and those aren't exactly handed out like candy.

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Exactly...and that work visa may have been the result of doing something about being brought here as an infant in a timely fashion.

What I meant was, ultimately the "brought here as a child" issue is moot because he later obtained a work permit. In other words, it's no longer an issue, since a work permit requires the person be here legally.

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It also significantly affects his choices.

A work permit does not require you to be here legally. It is part of Obama's Presidential discretion for young adults. Whether he remains undeportable after Obama is out of office is another issue.

Darn, I was off by 3 minutes.

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Quoting Disagreeable

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A work permit does not require you to be here legally. It is part of Obama's Presidential discretion for young adults. Whether he remains undeportable after Obama is out of office is another issue.

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Dis...you have no idea when he got the work permit...but in any case, the work permit DOES give him lawful status. Whether that lawful status will continue is perhaps an issue, but it does allow for the opportunity to change status due to marriage.