Criminal Record

[b0b 0]

My buddy is thinking of pursuing a relationship with a filipino.Since Im in a relationship myself he was asking me questions for advice.He has a criminal record from the army he was charged with assualting a sergant, wrongfully communicating a threat, and resisting arrest.He was sentenced to 1 yr in confinement and discharged.That happen 10/2003 so its been a little over 5 years since it happen.Ive known him since highschool hes never been in trouble before that or since then.This was very out of character of him.I told him those charges wasnt metioned on the 129 f I filled out but I really am not sure.Will this affect him being denied?Would he be wasting his time to pursue a relationship?Thanks

[Otto 83]

Not being an expert in military law, my initial reaction was that the UCMJ doesn't (usually) have a connection with Federal/State/Local law unless convicted in a civilian court (sometimes concurrently). It's likely he got a Bad or OTH discharge - which might show up, but the reason behind it would likely be cloaked.

Hopefully someone with more knowledge on this subject would come along.

[YuAndDan 153]

Moving this to IMBRA forum.

Typically what they are looking for is a record of violent behavior that they can convey to the prospective immigrant. A report should be attached to the I-129F filing per IMBRA.

[Ban Hammer 13,448]

it sounds like he got a special courts martial and a bcd. what we need to know is what type of court was held and what type of discharge. from what i recall, conviction under the ucmj in a court martial is treated as a felony conviction.

Edited February 16, 2009 by charles!

[b0b 0]

It was a general court martial with a bad conduct discharge.It is a felony.Can he still petition someone?Its not listed on the crimes on the I 129 f part c question 2 Its list domestic violence,sexual assult,child abuse and neglect,dating violence,elder abuse or stalking,homicide,murder,manslaughter,rape,abusive sexul contact,sexual exploitation,incest,torgue trfficking,peonage holding hostage,involuntary servitude, slave trade,kidnapping,abduction,unlawful criminal restraint,false imprisonment or an attempt to do any of these crimes, or 3 or more crimes relating to a controlled substance or alcohol not arising from a single act.Since his crime is not listed here does this mean hes ok?Is this all they consider for denial?

Edited February 16, 2009 by bissell_07

[Old Dominion 26]

He should provide a copy of his criminal conviction. It should not keep his petition from being approved, unless there are other circumstances involved. His fiancee will be told of this conviction. General courts martial are a part of our system of justice even though they apply to active military.

[pushbrk 13,011]

He should provide a copy of his criminal conviction. It should not keep his petition from being approved, unless there are other circumstances involved. His fiancee will be told of this conviction. General courts martial are a part of our system of justice even though they apply to active military.

First, he needs to read carefully, the I-129F. Only if he must answer yes to the criminal background questions, would he provide any court records. If the court martial doesn't fit anything mentioned on the I-129F, there's no need to give the issue further thought.