Me and my common law husband have been together 5 years. We just declared ourselves common law marriage. If I try to fix his legal status ( he has been here 10 years illegally) will he be sent back to Mexico. I'm a us citizen born in us and we have a 3 1/2 year old son. Please any advice would be much appreciated.

To petition immigrant visa for your husband, you must be legally married. He will have to return to his home country if he entered US without inspection. It's recommended to discuss this issue with experienced immigration attorney.

What state in the US are you in, most do not recognize common law marriage, Form immigration they will want a real actual marriage.