San Angelo, TX Immigration Law Firms & Lawyers

It's not a question of which attorney, but what she qualifies for under the immigration laws. All immigrants need to have a basis for the green card. As she is a minor, it will have to be family-based, as she isn't old enough to have the education or work experience for an employment-based petition. It will likely be based on the mother getting permanent residence, how they entered the US, and if a preference petition was filed for either parent prior to April 30, 2001.

Assuming you are married to a U.S. citizen you are an immediate relative and the failure to maintain status will not be a reason to deny your permanent residency. Were you ever picked up by ICE? This answer is being given out of context though without knowing your whole case which is important to properly advise you.

You will need to apply for the I-751 petition without her, asking for a waiver. I handle cases like this all the time. As long as you can demonstrate that your marriage was valid and that it did not work out through no fault of your own. However these cases are very time sensitive, as you must file in the 90 days before your green card expires (ideally) and the divorce should be finalized or they won't approve your case.