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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109686
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My daughter is stillmarried to an american citizen, but she

Customer Question

my daughter is stillmarried to an american citizen, but she lives in Germany and she was there for the last 2 years. As she came to the US the last time, for visit, she was on a visa Waiver and lost her green card when she entered.
She wants to move now to the US and I am her mom and I am married to an american Citizen since Januar this year. He could sponsor her
What is the best thing for us to do
She has a SSN
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Are you saying that she used an ESTA Visa Waiver after having a green card? She most likely abandoned that status if that was the case. When will she and her U.S. Citizen husband move to the U.S.? He may have to apply for her all over again.

Customer: replied 1 year ago.
Hello, it was a mistake. She didn't think it threw. She is still married, but only because he didn't hand in the divorce papers. Should he still sponsor her? But it is pretty clear for Immigration that they are not in love anymore, because my daughter lived 2 years abroad now.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Oh no, I may have bad news for you. So you are saying that she left the U.S. without applying for a Re-Entry Permit, left her U.S. Citizen husband behind, stayed out longer than a year without coming back, and when she did come back, she used an ESTA instead of get green card? And her U.S. Citizen husband has not lived with her for 2 years and probably won't petition for her again?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

For her to be able to immigrate quickly to the U.S., she would have to fix things with her spouse so that he can petition for her again. They should not do that if they do not repair the marriage. If you married you current spouse before she turned 18, then he could sponsor her as a step-father, but it would take 7 years (if she divorces) or around 11 years or so to immigrate if she stays married if her spouse does not sponsor her. If she divorces, you could petition for her as an LPR, but it will still take 6 years unless she was born in the Philippines or Mexico which would take many more years if that was the case.

I am truly sorry or the bad news but the options are limited.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Elisabeth. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!