Question regarding citizenship

질문자: 도리톳으  |  등록일: 04.08.2014 21:52:01  |  조회수: 6592
I am an active duty military and I am a non-citizen. (Permanent resident)
I was convicted with the article 121 (larceny of gov't property of more than $500) of the UCMJ and found guilty at a general court martial.
I was found guilty on May of 2012 and I became a felon since I was found guilty at a general court martial.
(court sentence: Bad conduct discharge and 3 months of confinement)

However, I am on appellate leave and that makes me an active duty military.
I am wondering if I should apply for the citizenship right now (active duty military) or after few years of presenting good moral character (I will be a non-military, bad conduct discharge).
If I have to wait for few years, do I have a good chance to renew the permanent resident status?

Also, does below facts make me an aggravated felony convict? Or would I be fall under inadmissibility or deportability criteria at a port of entry to the States?
-This is my first time conviction of any.
-The maximum sentence was 10 years in prison.
-I was sentenced with 3 months confinement.
-This was in May 2012.
-The conviction was at a deployed location in Iraq.

Thank you for your time.
  • 스티븐조 변호사
    04.09.2014 07:57:00  

    Thank you for the inquiry.

    Unfortunately, I am not familiar with citizenship application for an active
    duty military person.

    My guess is that you would be better off postponing the application until the appellate process is complete.

    As for the inadmissibility or deportability, that would be determined by the nature of the charges (or acts) and the outcome of the trial process.

    I think you should retain an immigration law attorney to thoroughly review all the relevant documents and the circumstances surrounding your situation.

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