QUESTION
legal permanent resident question regarding deportability
Asked on Feb 01st, 2017 on Immigration - Illinois
More details to this question:
I am a legal permanent resident who was given a dishonorable discharge and charged with desertion during the Gulf War (1990-91). I always get stopped when traveling by air/land for additional interviews by DHS or customs since apparently am on their database for questioning but ultimately are let pass. I assume that I am deportable or inadmissible based on the dishonorable discharge, but travel quite a bit and aside from delays due to interviews have not had proceedings of deportation against me. I know that I cannot become a citizen of the US, but what does the law indicate? Can I be deported?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
A dishonorable discharge by itself would not appear to be a ground of deportation. However, the underlying charge may well constitute one. I assume that you were never actually court-martialed and convicted. Lacking a conviction, you might be inadmissible if you admitted to acts which constituted the act of desertion. However, if you do not make such admissions, it would appear that you would not be inadmissible. 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.
Answered on Feb 27th, 2017 at 6:33 PM