Do I Need Selective Service For Citizenship

How failing to register for Selective Service creates a problem for men filing Form North-400, Application for Naturalization

n-400 failing to register for selective service

Permanent resident men are ordinarily surprised when they stumble upon Question 44 in Part 12 of Form Northward-400, Application for Naturalization.

Men between the ages of 18 and 26 are expected to annals for the Selective Service and provide proof for the purposes of naturalizing every bit a U.Due south. citizen. But how does declining to register for selective service affect one'southward eligibility for naturalization? Volition Form Northward-400 be denied if the applicant has not registered? In that location are numerous questions that this article addresses based on a review of the USCIS policy manual.

Selective Service Requirement on Form Due north-400

Co-ordinate to U.S. law, a man must annals with Selective Service within thirty days of his 18th birthday. Selective Service can have a late registration but non afterwards a human being has reached his 26th altogether. This requirement applies to citizens, permanent residents, refugees, asylees, and even undocumented aliens. It does not apply to women or foreign nationals in the U.s. with non-immigrant visas (due east.1000. tourists, students, business concern, etc.).

Registering does not mean you are joining the military machine. The U.S. does not have a drafted military; the decision to join the military is entirely voluntary. The Selective Service maintains a list of names in example there is a national emergency requiring rapid expansion of the war machine.

Citizenship Problem Created by Failing to Register for Selective Service

Several federal benefits can be denied to someone that has failed to annals for Selective Service, including U.Due south. citizenship. Deliberately avoiding registration or fifty-fifty not knowing to register tin create a significant problem for a male permanent resident that wants to naturalize as a U.South. denizen.

failing to register for selective service, naturalization

Co-ordinate to Chapter vii of the USCIS Policy Manual, "An applicant for naturalization must show that he or she has been and continues to be a person attached to the principles of the Constitution of the United states of america and well disposed to the good order and happiness of the United States during the statutorily prescribed period."

Further, the manual makes it clear that "an bidder who refused to or knowingly and willfully failed to annals for Selective Service negates his disposition to the skilful order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear arms on behalf of the United States. "

What Happens to Someone that Failed to Register for Selective Service

Applicants Under the age of 26

Applicants for U.S. citizenship under the age of 26 should expect to have Form North-400 denied if they cull non to register for Selective Service. By making the conclusion not to register, the applicant is willfully failing to come across this obligation, and the USCIS officer will be forced to deny the North-400 awarding based on the applicant'south moral character.

Applicants that are least historic period 18 and under the age of 26, can accept activeness now to correct the problem. They can hands annals for Selective Service past visiting www.sss.gov. Not certain if you have registered? Applicants tin fifty-fifty create an instant Official Letter of Verification to get proof.

Applicants Between 26 and 31 Years of Age

N-400 applicants between 26 and 31 years of historic period may exist ineligible for U.S. citizenship. Again, applicants that "knowingly and willfully failed to register" or simply refused to annals for Selective Service, should await to have Course N-400 denied. On the other hand, USCIS will allow the applicant an opportunity to show that he did not knowingly or willfully fail to register, or that he was not required to practice so.

Fifty-fifty if the reason for not registering was innocent, many clearing attorneys suggest it is better to wait until age 31 (if applying based on five years of permanent residence) or 29 (if applying based on 3 years of permanent residence while married to a U.S. denizen). The reasoning is that the applicant must testify five years (or 3 years respectively) of skillful moral character.

Applicants under the age of 31 that want to go along with naturalization (rather than waiting) may do and then. The applicant volition demand to present prove that declining to annals for selective service was an innocent oversight and that he did not "willfully" avert the requirement. Applicants should submit the post-obit three items with Form Due north-400:

Condition Information Alphabetic character from Selective Service
A Status Data Letter from the Selective Service states that you are over-age and therefore no longer required to register. USCIS will turn down to consider your situation without this letter. Request a Status Information Alphabetic character.
Sworn Annunciation from Bidder
This signed argument explains why you did non avert the Selective Service and why the nature is innocent.
Sworn Declaration from Supporter(s)
This signed statement is about effective if provided by people of potency such every bit a instructor or pastor. The letter should support your explanation of what happened to consequence in your not knowing you were supposed to register.

Many people accept successfully naturalized by addressing the requisite good moral character in this fashion. For the best results, e'er speak with an immigration attorney first.

Applicants Over 31 Years of Age

Failure to register for Selective Service does non foreclose a man who was over 31 years of age from demonstrating that he is eligible for naturalization. This is because the applicant's failure to register would be outside of the statutory 5-year menses during which the applicant must evidence that he is of practiced moral character and tending to the good order and happiness of the United States. (Note: The bidder must be at least 31 years of age on the day Form N-400 is mailed to USCIS to create the v years of permanent residence since turning 26.) In accord with the USCIS Policy Transmission, applicants for naturalization who are over age 31 are eligible for naturalization even if they knowingly and willfully failed to register. Thus a man's failure to annals with Selective Service does not make him ineligible for naturalization considering he is age 31 or older.

Generally, USCIS should non ask applicants who are age 31 or older to provide a status information letter. However, if asked for such a alphabetic character, the applicant may submit this formal alphabetic character from the SSS to address the situation.

Seeking Legal Communication Afterward Failing to Register for Selective Service

Failing to register for Selective Service can be grounds for USCIS to deny Class North-400, Application for Naturalization. Many clearing attorneys will recommend that their clients wait until historic period 31 to apply to ensure five years of practiced moral grapheme.

Applicants betwixt 26 and 31 years of age should contact an immigration attorney before filing Grade N-400, Application for Naturalization. Although the applicant may prepare sworn declarations on his own, the guidance of an experienced attorney will always exist more successful.

RECOMMENDED: 5 Mutual Reasons Form N-400 Gets Denied

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