If an H2-B visa non-immigrant with an expired visa marries a U.S citizen what must he/she do?

You can sponsor him for a green card. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Subscribe to our Free Immigration Newsletter 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)

You need to get married and then have your husband file for adjustment of status based on his marriage to a US citizen. It does not matter if he is out out of status. If you play this right, within less than 6 months your husband will obtain a green card. You need to petition him on Form I-130 and file an affidavit of support on Form I-864. He will need to file the Form I-485 package. All these forms and applications are tricky. You'll need a competent immigration lawyer to guide you through this process and ensure speedy success. The smallest mistake or omission will set you back by months and can easily lead to the case being denied and your husband placed in deportation proceedings. I stand ready to help you.

He can still file for an adjustment of status through marriage to a U.S. citizen as long as his last entry was a legal, which in your case, if he entered on an H1b and never left, he should be ok.