My husband left on a voluntary departure 10 years ago. After taking a 10 year probation plea for poss of marijuana. He was a perm resident can he Rtn

Taking a plea means of course admitting that your husband committed the crime. If your husband had been a permanent resident for not less than five years, resided in the US continuously for seven years after having been admitted in any status, and was not convicted of an aggravated felony, he could have asked for the relief of cancellation of removal to retain his green card. Although a long shot, he might be able to request reopening if he fit those circumstances, but not if he had adequate legal representation or was advised that such relief was available but chose not to apply and instead took the voluntary departure, I note that the law does not consider anyone convicted of a possession violation for one's own use of 30 g or less of marijuana to be deportable, but I assume that that is not your ex-husband's case looking at the length of the 10 year probation plea. For marijuana possession of more than 30 g, you would not be the bring him back on a fiancé visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.