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Can a customs agent take away my green card and passport at the airport and can i be deported for going AWOL from the US army?

New York, NY |

i was detained by customs and informed that there was a warrant for my arrest by the US Army. The customs agent contacted military police and while waiting for them to pick me up proceeded to make me fill out a form. I didn't read it because i was too nervous but i still filled it out. Only thing i noticed is that the form indicated not to be filled out be citizens or legal residents. I asked the agent why i needed to fill it out and he said that in case i get charged with desertion which is a "deportable" crime, they would start process to deport me. When the military police picked me up, the agent never returned my green card or passport. Is that legal or he violated due process? Also, can i get deported although i received an administrative discharge from the Army?

Attorney Answers 3


  1. Best answer

    Whether you can be deported depends on whether you have legal status in the country. Yes, customs can withhold your "green card." Do consult an attorney experienced in military matters since you will most likely have to deal with the military matter first. An attorney experienced in both, immigration and military matters, would be most beneficial. Good luck to you.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  2. You need to hire an immigration and military criminal Attorney ASAP!

    Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.


  3. You should schedule a consultation with an immigration lawyer immediately.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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