My friend John, entered the U.S 25 years ago from his home country of Guatemala. During the past 25 years he has been married to a U.S. citizen and then divorced. He now has a significant other who is also a U.S. citizen. They have been together for 10 years and have two children. John’s father is in the U.S. and is also a citizen. John’s mother never married his father and John took on his mother’s surname. Since John’s father was not married to his mother, his name in not on the birth certificate. Remarkably during the past 25 years John has never had LPR status. He does however, still hold his original passport. He did apply for LPR status with his ex-wife but never completed the process and the application was thereafter denied.John now wants to apply for LPR status. What are his options? Can his significant other apply for him given that they have been together for 10 years and have two children? If she cannot or does not, can his children apply for him? What about his father? If his father applies for him what issues may John face, if any and how can they be overcome? Will John have to return to Guatemala to obtain an immigrant visa? Why or why not?
