The short answer to this question is yes. No matter how long an alien spouse of a U.S. citizen (living in the United States) has been out of status in the United States, he is able to file for permanent resident status in the United States provided that he initially entered the United States legally. If the adjustment of status petition has not yet been filed and the alien spouse is out of status and potentially deportable, filing and then obtaining an approved adjustment petition can be a defense to deportation.
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