Q&A’s published on Lawyers.com and the Epoch Times on October 4, 2019 1. My Husband Got Convicted and Deported. Is There Any Possible Way He Can Come Back to the United States? 2. How Much Yearly Income Is Required to Bring Someone to the U.S. On A Fiancé Visa? 3. Will Medical Discharge Revoke My Citizenship?

1. My Husband Got Convicted and Deported. Is There Any Possible Way He Can Come Back to the United States?

My husband (love of my life) who was born in 1970 came illegally in 1987 from Mexico. I met him year 2002 when I was 16. We had 3 kids together. He got convicted of manufacturing and delivery in 2009 sentenced to 10 years, did 2 1/2 then they deported him. It was the first time he ever got in trouble for anything and they threw the book at him. Our kids got adopted out. It has been almost 10 years; will he ever get to come back to the United States?

Mr. Lee Answers:
In the circumstances that you described; it is difficult for me to see that your husband would ever come back to the United States legally. A crime involving manufacturing and delivery of drugs (I assume that it is drugs) and a sentence of 10 years is an aggravated felony.

2. How Much Yearly Income Is Required to Bring Someone to the U.S. On A Fiancé Visa?

My reportable yearly income is only $10,200 from disability but in 2020 my yearly income will increase to $24,000 from an annuity. Will owning a house and property or having money in the bank help me NOW so I don’t have to wait until 2020? If so how much is required?

Mr. Lee Answers:
Owning a house and property or having money in the bank may help, but on the house alone, that would depend upon the equity in the house. There is no fixed amount on equity in a house, but the higher the better as a house is not a liquid asset and where would you stay if you sold the house to meet the obligations of financial support. On other property, that would depend on the value of the property, and whether it could be easily disposed to meet your obligation of support. Assuming that you are alone and have no other support obligations to anyone else, the amount of money in the bank would likely be a little north of $100,000, 5X the yearly support level for a family of 2. Also a consular officer might be interested to see how long the money has actually sat in your account. Having home and property and bank account would lessen the amount needed from each individual asset.  A suggestion is that you may decide (in lieu of the above) to seek out a cosponsor who will be able to provide the necessary support for your fiancé not only for the visa, but for the permanent residence application which will soon follow.

3. Will Medical Discharge Revoke My Citizenship?

I’ve been in the Army for about 1.5 years now. I got my citizenship about 9 months. I’ve been getting severely depressed and currently in a process of getting medically discharge.

Mr. Lee Answers:
If you already received your US citizenship, it cannot be taken away absent material fraud or misrepresentation in having obtained it. It certainly cannot be taken away for a condition which arises following the grant.