You may apply for the visa. Nothing prevents the two of you from doing that. However, if denied because of the length of overstay you'll be told whether or not you are eligible to complete a waiver of ineligibility. The longer he overstays, the worse the situation becomes. http://www.dixonimmigration.com/index.php?pid=2
Depends, if you entered the country LEGALLY but overstayed your visa, then you can get legal residence without leaving the U.S. if you entered the country ILLEGALY, then you CANNOT get legal residence in this country, you would be required to travel to the U.S. embassy/consulate of your home country.
Yes. A same-sex spouse can sponsor a foreigner for legal residency. The problem is, however, that if you entered the country illegally, you must pay the penalty for illegal entry into the United States. This is usually a 10-year exile in your country of origin. If you entered legally but overstayed your visa, then the process is much easier.
Not if you are either a resident or already entered the country legally.
Your girlfriend entered legally but now she is illegal What is the process now?"
No. An immigrant is an alien who is here legally and has announced their intention to pursue legal citizenship. Aliens are visitors from other countries who have entered and remain legally. Illegal Aliens are persons from other countries who are not legally in the country.
A naturalized citizen - has gone through 'due process'. They Entered the country legally with a passport and ticket, and sought asylum through the proper procedures. A non-citizen has likely entered the country illegally, avoiding immigration checks etc, and has no right to be in the country at all.
Yes, a "Visa" is issued for "Entry" into the country, without one you are not seen to have entered the country legally (through a port of entry) and are subject to deportation.
NO WAY DUDE
No rights gained, save for the ability to legalize your residency status if the immigrant entered the country LEGALLY.
Yes, a person who entered the country legally may adjust status from within the US. If the person leaves the country before the process is complete,
Yes, because they would not be a natural-born citizen of the United States, or whatever country they landed in. If they apply for citizenship first, and enter the country legally, then no. They would not be considered an illegal alien.
If you are not able to get a visa then you cannot fulfill the entry requirements of the country you wish to visit making the visit not possible legally.