Q: I entered the US on VWP and have been overstated for 2 years. Is it possible to apply Green Card?
Also my sponsor(husband) is in military and we have a child.
A: A person who enters the United States on the visa waiver program, and then gets married to a US citizen can adjust status to get a green card even though that person is an overstay. You should retain counsel to process the case from start to finish to make sure that it is done competently.
Agnes Jury agrees with this answer
Your husband can file the FORM I-130/I-130A ( Relative Petition) with USCIS.
If he is a U.S. citizen then you can also file for adjustment of status by submitting the FORM I-485 in that you have lawfully entered the U.S. through the ESTA program.
An experienced immigration attorney can assist you with this matter and provide you with personalized guidance.
Good luck to you.
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