If entered the US with an ESTA which was good for 90 days but it’s been over for 1 1/2 years, do I need a lawyer to get my green card?

I am foreigner who was married to an American citizen for 8 years I had my green card but after the 2 years we did not have the chance to get my permanent card because of my husband’s job (Afghanistan-army base). Since he was working overseas I did not need my green card at that point. Then our marriage went bad and we got divorced. We have an 11 year old daughter under my full custody who has dual citizenship. My daughter and I moved to the US. I have a fiance and we would love to get married. How long does the green card process take? Am I safe during the process? I have a business here and my daughter is in school here.

Asked on September 12, 2014 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

So, do you mean that you entered the US after you got divorced as a ESTA and it has been more than 1.5 years since then?  In that case, you can get married to a US citizen and adjust status but it would probably be best to consult with an attorney before you start the process.


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