Q&A’s published on Lawyers.com and the Epoch Times on October 11, 2019 1. My Husband Was Banned for 10-yrs and That Time Is Up.  Can He Apply To Reenter Since We’re Still Married? 2. What Is Legal Marriage Age For My Fiancée? 3. Father of My Child Charged for Possession of Marijuana a Gram/Personal Use and Officer Said It Was a Misdemeanor,  He Has U.S. Residence Card. What Will Happen?

1. My Husband Was Banned for 10-yrs and That Time Is Up.  Can He Apply To Reenter Since We’re Still Married?

Me and my husband have been married since 2004.He was deported because he didn’t leave the country when he was supposed to on the visa he had. We are still married and the 10 years are up so if we’re still married is it possible for him to come back home and about how much would it cost?

Mr. Lee Answers:
If he was only barred because of deportation based upon an overstay, 10 years have elapsed since the deportation, and you have permanent resident or US citizenship status, you can apply to have him come back in through the petition process. We do not quote fees publicly, but they are reasonable.

2. What Is Legal Marriage Age For My Fiancée?

I recently purchased a plan on Rapid Visa to get help in filing my K1 Visa for my fiancée from Honduras. Everything was going well as I intended to marry her in Nevada, Las Vegas preferably. She is 20 years old turning 21 in December and I am 21 currently turning 22 soon. I live in California. I read in her embassy page and it read “If you are getting married in Honduras, you must meet the requirements prescribed by Honduran law. The following is an unofficial translation of several documents issued by Tegucigalpa City Hall on marriage requirements in Honduras.” She is from Honduras and the legal age to marry is 21. I thought since she is getting married here in the U.S which the legal age is 18 there would not be a problem. I was now told there is a problem because of the age. Is there anything I can do? I really want to bring my fiancée here but I feel utterly lost and sad now. Any advice on what I can do?

Mr. Lee Answers:
As it is already close to December, perhaps your best move would be to file for the K-1 fiancée visa, which normally takes at least six months to approve at U.S.C.I.S.  Consular processing thereafter usually takes another couple months. Probably by the time that your fiancée goes for her interview at the consulate, she will already be over the age of 21. Even if under the age of 21, she may be able to postpone the interview for the one or two remaining months which are required for her to turn 21. In addition, from scanning the information on Honduras, females appear to be able to marry at age 18 with parental consent, but I believe that you already know this.  If not, your fiancee could bring proof of parental consent to the interview if still under 21.

3. Father of My Child Charged for Possession of Marijuana a Gram/Personal Use and Officer Said It Was a Misdemeanor,  He Has U.S. Residence Card. What Will Happen?

Mr. Lee Answers:
US immigration law allows a waiver for permanent residents who are convicted of a possession offense of 30 or less grams of marijuana. If there is no other charge against him, he should be okay.