Law Office of Immigration & International Trade Law | Linda Liang
He came here legally? Are you a citizen? Does he have a criminal records? The answer is it depends on many factors. Good luck!
Answer Applies to: Florida
World Esquire Law Firm | Aime Katambwe
If he came to the US with a visa and you are a US citizen, then marry him and adjust his status that way. His overstaying will be forgiven when he becomes your immediate relative. If that does not apply, then the orthodox thing to do is to marry him and petition him so that he can receive his visa in Guatemala when it becomes available. At that time, he will have to file a waiver to cure his unauthorized stay in the US. There are more aggressive ways of pursuing a visa for him in the US but they come with a risk of him being removed if he does not qualify for the benefit requested. You should consult competent counsel for more. Good luck!
Answer Applies to: California