For noncitizens serving in the U.S. military, administrative proceedings, non-judicial punishment (NJP), or court-martial can have far-reaching consequences beyond the military justice system. These actions can affect your immigration status, naturalization eligibility, and even your ability to remain in the United States. At National Security Law Firm, we help noncitizen service members understand the implications of their legal situations and navigate the path forward.

To assist noncitizens facing military discipline or legal proceedings, we’ve compiled a checklist of questions to ask during your case evaluation. Answering these questions can help clarify your immigration risks and guide your legal defense.

Checklist of Questions for Noncitizens Facing Military Proceedings

1. General Military and Immigration Status

  • What is your current immigration status (e.g., lawful permanent resident, undocumented)?
  • Are you in the process of applying for naturalization or any other immigration benefit?
  • Have you served honorably for at least one year or during a designated period of hostilities?
  • Have you filed any immigration forms, such as Form N-400 (Application for Naturalization) or Form I-485 (Adjustment of Status)?

2. Nature of the Military Proceedings

  • Are you facing administrative action, NJP, or court-martial?
  • What specific charges or allegations have been made against you?
  • What type of discharge could result from these proceedings (e.g., Honorable, General, Other Than Honorable, Bad Conduct, Dishonorable)?
  • Have you consulted with a military attorney or defense counsel?

3. Administrative Proceedings

  • Are you being recommended for an administrative separation?
  • If so, what is the characterization of discharge being proposed?
  • Have you been offered an opportunity for a discharge review or upgrade?
  • Are there underlying misconduct issues that could impact your good moral character (GMC) assessment?

4. Non-Judicial Punishment (NJP)

  • Have you received a Letter of Reprimand, reduction in rank, or forfeiture of pay?
  • Did the alleged misconduct involve actions that may be considered crimes involving moral turpitude (CIMTs), such as theft, fraud, or assault?
  • Have you been asked to waive your right to a hearing or counsel?

5. Court-Martial Proceedings

  • Are you facing a summary, special, or general court-martial?
  • What are the specific charges and potential penalties?
  • Could the charges result in a conviction that meets the definition of an “aggravated felony” under immigration law?
  • Are you aware of the immigration consequences of accepting a plea deal or being convicted?

6. Impact on Naturalization

  • Have you previously filed Form N-426 (Request for Certification of Military or Naval Service) to verify honorable service?
  • Does your service qualify for naturalization under INA §328 (peacetime) or INA §329 (wartime) provisions?
  • Have you been notified that your actions could impact your eligibility for good moral character (GMC)?
  • Are you prepared to provide evidence of rehabilitation or mitigating factors if required by USCIS?

7. Immigration Risks

  • Could your actions trigger removal or deportation proceedings?
  • Do you have dependents or family members whose immigration status may be affected by your case?
  • Are you aware of any discretionary relief options, such as Parole in Place (PIP) or Deferred Action, that may be available to you?

8. Evidence and Documentation

  • Do you have access to all relevant records, such as your military service record, NJP proceedings, or court-martial transcripts?
  • Have you been provided with your Form DD-214 or other documentation of your discharge?
  • Are there inconsistencies in your record that may need to be addressed (e.g., previous administrative actions, NJPs, or arrests)?

9. Legal Representation

  • Do you have both a military attorney and an immigration attorney to assist with your case?
  • Are your attorneys coordinating to ensure that your military defense strategy does not harm your immigration case?
  • Have you consulted with an attorney experienced in both military and immigration law?

How National Security Law Firm Can Help

Facing military discipline as a noncitizen can feel overwhelming, but you don’t have to navigate it alone. At National Security Law Firm, we have extensive experience in both military and immigration law. We can help you:

  • Evaluate the potential immigration consequences of your military proceedings.
  • Build a strong defense to protect your eligibility for naturalization or other immigration benefits.
  • Advocate for discharge upgrades and minimize the impact of NJP or court-martial outcomes on your immigration status.
  • Address any USCIS concerns regarding good moral character (GMC).

Take the Next Step

If you are a noncitizen facing military administrative proceedings, NJP, or court-martial, it’s critical to understand your rights and options. Reach out to National Security Law Firm today for a free consultation.

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