Can an ex-military man lacking honorable discharge papers be eligible for a green card?
This Asian guy said he entered the US on a military visa about 20 years ago. He was court so he was issued an SSN and a driver's license. But he left the Navy without honorable discharge papers 12 years ago to start a small business, so immediately his whole family (except for the youngest child) is out of status. He hired a lawyer who said that he could transform his status from nonimmigrant to immigrant.
It has been 12 years since he retained a lawyer and he's still out of status. Is he self taken for a ride? Or is it true that his US citizen child can one day file for him even though he doesn't have an honorable discharge from the military? He seem like a nice guy, said he's been paying his taxes religiously.
Answers:
If he has a "dishonorable" discharge, that may extraordinarily well be the issue. Dishonorable discharges are handed down for what the military considers the most dishonorable of conduct. This type of discharge may be rendered only by conviction at a common court-martial for offenses such as desertion, rape, or murder, calling for dishonorable discharge as part of the sentence.
With this characterization of service, all veterans' benefits are lost, regardless of past honorable service. This type of discharge carry a heavy stigma. It makes obtaining commercial post-service employment extremely difficult. Also, many states will prohibit ownership of firearms from those who have been discharged dishonorably, as does Federal decree. It will certainly affect any chance at a visa in this country.
****edit***
Yes, explicitly called desertion. It's a dishonorable discharge. He probably has a warrant out for his arrest if he wasn't already court martialed for it. It requires a military trial.
Up until 1991 the US Navy took a limited number of recruits from the Philippines. These guys be not granted immigrant status, although it was made possible for them to get it eventually.
It sounds like he go AWOL and was discharged with a less than honorable discharge. That should not effect his cleverness to get a green card UNLESS he went to court marshal and be convicted. All court marshal convictions are the civilian equivalent of a civilian federal felony conviction. That would be a major problem with any immigration petition file for him.
He needs a new lawyer.
Forget it he is a deserter we don't want him subsidise with a general discharge non honorable will stay and follow hin fro a lifetime beside all that the he did not return with any military visa tell him to go pund salt and stay out of my beloved armed services and US soil bet you he's beign taken for along ride till he get arrested and deported back to his country with military desertion on his record no immigration consider would remotely consider his waiver
Resolved Questions:
1442-4.html
Why does it cost so much to procure officially recognized?
How can i become legal if i cant afford it. Only income I get is child support from my 2 daughters daddys. (800) per month. Live at home with parents, cant drive, no dl. call for help because we dont want you here Because the US is not the welfare agency of other poor countries...
It has been 12 years since he retained a lawyer and he's still out of status. Is he self taken for a ride? Or is it true that his US citizen child can one day file for him even though he doesn't have an honorable discharge from the military? He seem like a nice guy, said he's been paying his taxes religiously.
Answers:
If he has a "dishonorable" discharge, that may extraordinarily well be the issue. Dishonorable discharges are handed down for what the military considers the most dishonorable of conduct. This type of discharge may be rendered only by conviction at a common court-martial for offenses such as desertion, rape, or murder, calling for dishonorable discharge as part of the sentence.
With this characterization of service, all veterans' benefits are lost, regardless of past honorable service. This type of discharge carry a heavy stigma. It makes obtaining commercial post-service employment extremely difficult. Also, many states will prohibit ownership of firearms from those who have been discharged dishonorably, as does Federal decree. It will certainly affect any chance at a visa in this country.
****edit***
Yes, explicitly called desertion. It's a dishonorable discharge. He probably has a warrant out for his arrest if he wasn't already court martialed for it. It requires a military trial.
Up until 1991 the US Navy took a limited number of recruits from the Philippines. These guys be not granted immigrant status, although it was made possible for them to get it eventually.
It sounds like he go AWOL and was discharged with a less than honorable discharge. That should not effect his cleverness to get a green card UNLESS he went to court marshal and be convicted. All court marshal convictions are the civilian equivalent of a civilian federal felony conviction. That would be a major problem with any immigration petition file for him.
He needs a new lawyer.
Forget it he is a deserter we don't want him subsidise with a general discharge non honorable will stay and follow hin fro a lifetime beside all that the he did not return with any military visa tell him to go pund salt and stay out of my beloved armed services and US soil bet you he's beign taken for along ride till he get arrested and deported back to his country with military desertion on his record no immigration consider would remotely consider his waiver
Resolved Questions:
1442-4.html
Why does it cost so much to procure officially recognized?
How can i become legal if i cant afford it. Only income I get is child support from my 2 daughters daddys. (800) per month. Live at home with parents, cant drive, no dl. call for help because we dont want you here Because the US is not the welfare agency of other poor countries...