Applying for B2 with an overstay history - need a lawyer?

[crewchief 0]

South Korean national here looking to apply for a B1/B2 visa. ESTA got denied on the grounds of past overstay.

 

I have previously overstayed on ESTA before getting married in the US (us citizen) and adjusting status successfully. But I ended up getting divorced so I came back to South Korea.

It's been 3 and a half years and I'm looking to visit as a tourist, maybe next year.

Lawyer's asking $2,000 for the process but I'd like to do it myself if it isn't necessary.

Also, I have no intention of staying in the US. Currently a freshman in college at the age of 27. 

 

Here's some relevant dates.

 

12/20/2018 - Entry to the US (I-94 expired on 03/19/2019)

07/2019 - Marriage

10/2019 - I-485(AOS) filed

01/2020 - 2 year conditional GC approved 

01/2022 - Left the US before GC expiration

03/2022 - Divorce finalized (Zoom court)

06/2023 - Surrendered GC with I-407

2022-2024 military service

2025 started college

 

Is a lawyer my only shot here?

Thanks a lot

[Boiler 47,446]

Nothing a Lawyer can do, your situation is what it is.

[crewchief 0]

1 minute ago, Boiler said:

Nothing a Lawyer can do, your situation is what it is.

Would you say I have any chances of getting approved based on my history and current situation?

[Dashinka 25,839]

57 minutes ago, crewchief said:

Would you say I have any chances of getting approved based on my history and current situation?

Hard to say, but could be a tough hill.  Like what @Boiler said, it is what it is, a lawyer cannot really change that.

 

Good Luck!

[appleblossom 4,386]

I don’t think a lawyer will add anything either. The fact that you surrendered your GC when you could have kept it and stayed in the US may work in your favour. 
 

Good luck. 

Edited July 1 by appleblossom

[Crazy Cat 44,406]

Another vote to forget the attorney.  I'd say there is some chance for success.

Edited July 1 by Crazy Cat

[Dashinka 25,839]

3 hours ago, appleblossom said:

I don’t think a lawyer will add anything either. The fact that you surrendered your GC when you could have kept it and stayed in the US may work in your favour. 
 

Good luck. 

I was thinking that as well, but the timeline looks a bit suspicious (March overstay triggered, get married in July while overstaying).

[crewchief 0]

On 7/1/2025 at 5:05 PM, Dashinka said:

Hard to say, but could be a tough hill.  Like what @Boiler said, it is what it is, a lawyer cannot really change that.

 

Good Luck!

 

On 7/1/2025 at 8:12 PM, appleblossom said:

I don’t think a lawyer will add anything either. The fact that you surrendered your GC when you could have kept it and stayed in the US may work in your favour. 
 

Good luck. 

 

On 7/1/2025 at 9:53 PM, Crazy Cat said:

Another vote to forget the attorney.  I'd say there is some chance for success.

 

Thank you all for your inputs. I will proceed on my own and come back with the results. 

[crewchief 0]

On 7/1/2025 at 11:24 PM, Dashinka said:

I was thinking that as well, but the timeline looks a bit suspicious (March overstay triggered, get married in July while overstaying).

I understand the timeline might look suspicious, we hadn't planned to get married on that visit (I was supposed to start my sophomore year in March) so it took some time to get married.