US Citizenship Eligiblity After Administrative Discharge in Lieu of Court Marshal(Article-86) in Army..?
I was arrested on Chicago Airport and then i was given
administrative discharge in lieu of court marshal( Under Article 86).
I was given Administrative discharge ( Other than Honourable discharge ) with Article 86 ( AWOL ) not desertion ( Article 85 ) . In this scenario, Whether i will be eligible
to apply for US Citizenship or Not.Other than this , My background and everything is clear.
In this scenario , Whether i will be eligible or not eligible for applying US Citizenship .
Thanks.
Answer:
Robert, Larry, hmeetis, Yakrider gave good answers.
I just like to add to complete the prospective:
Applicants are required to show good moral character. Certain convictions may adversely affect one’s ability to show good moral character. In some instances, applicants are not able to demonstrate good moral character when they engage in certain criminal conduct even if no conviction or charge was obtained against them. The determination whether one is prevented for naturalizing due to a crime depends on the nature, severity and circumstances surrounding the criminal conduct. In order to evaluate the impact of a charge or conviction on a potential citizenship petition, an immigration attorney is likely to review all documents relating to the charges and conviction as well as copies of the court file.
You need to talk to a lawyer, I don't know and you certainly shouldn't base anything on what you get here on such a serious matter.
I would guess that you will be deported to your country of origin. It depends on the crime committed, but from the sounds of it, it was something significant.
So, other than the crime(s) you committed, you haven't committed any crimes? Ah, well, in that case...
Other than the 23 people I cut into bit size cubes, I am an upstanding citizen. What's the problem? I pay taxes and coach little league...though, after the above incidents, I am down 2 players. Anyone want to volunteer?
So you are wondering if you will be eligable to be a citizen or not?
I dont think anyone short of a INS agent reviewing your case can really answere that. Anyone can apply really. But you do now officially have a arrest record in the US. I would be curiouse as to what it was you were arrested for because it was severe enough to get you a discharge and your command was nice enough to give you admin discharge rather then a dishonarable discharge. Had you have recieved a dishonarable discharge i would say you have very very small chance. Dishonarable discharge is a very bad thing if i remember right if you recieve one you can not own land in the US.
I would say that you should still try if it is your desire to be a citizen. Avoiding that discharge in the first place and not being awol / deserting would have been the best route to go. There are some pretty stiff punishments for awol in wartime including death by firing squad.
You leave out two VERY important facts.
A) What were you arrested for? Was it disertion or some other charge?
B) If it was a non-military offence, were you convicted of it?
Much will depend on the answer to those question.
This is a serious legal issue, and you need to talk to someone who actually KNOWS the answers to questions such as this... those people are called LAWYERS. They are NOT called "random unidentified idiot who is surfing the net and decidedt to take a stab at answering your question during the commercial". Lawyers know how to answer questions like this (they go to school for it and everything), random yahoos don't. When people listen to random yahoos they wind up having serious problems. That is why there are laws against practicing law without a liscence.
You don't need just any lawyer either... this is a question for a board certified immigration lawyer. I can not tell you how many people have wound up getting deported because they had a serious immigration problem and went to a lawyer who "did a little immigration" who got in over his or her head and messed up the case.
Go Google American Immigration Lawyers Association and find a member near you. Then cough up the bucks and go meet with them. Find out the REAL answer
or you could just pack your bags and go home.
from where I sit those are your only two options. You need real advice for something like this.
While a good attorney can help with this problem, this issue of the administrative discharge and incriminating evidence will have the strongest factors for your eligibility.
You didn't say what you were arrested FOR and why you ELECTED not to take the Court Marshall. Remember, the military cannot force you to decide. You were advised and chose administrative when it was offered.
I sense the evidence of the crime was stronger than you let on and there is more to this story than you are indicating.
Hope this helps.
Good luck.
What you went AWOL.you deserve to get kicked out of this country. If you can't honor your contract and instead take a chicken way out by leaving the military by going absent without leave then go somewhere else. The should have sent you to jail but the military right now doesn't want to press the issue and make it a big ordeal..only if I was in charge.
You should be okay. By avoiding the court marshal you avoided the equivalent of a federal felony conviction. As you know NJP is not a judicial proceeding.
A Discharge in Lieu of Courts Martial for an individual who is not in an entry level status, the type of discharge must be characterized as being under other than honorable conditions. Keep in mind that citizenship can be revoked from an individual who has received an other than honorable discharge. As an American citizen who has served his country honorably and who has a son serving today, I am hopeful that you'll be deported as soon as possible. Citizenship is a privilege that you have not earned.
The Immigration information post by website user , MyTend.com not guarantee correctness.
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