what does it mean to register for selective service
How failing to register for Selective Service creates a trouble for men filing Form Due north-400, Application for Naturalization
Permanent resident men are unremarkably surprised when they stumble upon Question 44 in Office 12 of Form N-400, Awarding for Naturalization.
Men between the ages of 18 and 26 are expected to register for the Selective Service and provide proof for the purposes of naturalizing equally a U.South. denizen. But how does declining to register for selective service affect one's eligibility for naturalization? Will Course Due north-400 be denied if the applicant has not registered? There are numerous questions that this commodity addresses based on a review of the USCIS policy transmission.
Selective Service Requirement on Form N-400
According to U.S. law, a man must register with Selective Service within thirty days of his 18th altogether. Selective Service tin can have a belatedly registration but non after a homo has reached his 26th altogether. This requirement applies to citizens, permanent residents, refugees, asylees, and even undocumented aliens. Information technology does not apply to women or foreign nationals in the United States with non-immigrant visas (e.chiliad. tourists, students, business, etc.).
Registering does not hateful you are joining the military machine. The U.Southward. does non have a drafted military; the determination to join the war machine is entirely voluntary. The Selective Service maintains a list of names in instance at that place is a national emergency requiring rapid expansion of the armed forces.
Citizenship Problem Created by Failing to Register for Selective Service
Several federal benefits can be denied to someone that has failed to register for Selective Service, including U.South. citizenship. Deliberately fugitive registration or even non knowing to register tin create a significant problem for a male person permanent resident that wants to naturalize as a U.Due south. citizen.
According to Affiliate 7 of the USCIS Policy Manual, "An applicant for naturalization must show that he or she has been and continues to exist a person attached to the principles of the Constitution of the United States and well tending to the adept order and happiness of the United States during the statutorily prescribed menses."
Farther, the manual makes it articulate that "an applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the practiced order and happiness of the United States, attachment to the principles of the Constitution, practiced moral graphic symbol, and willingness to carry arms on behalf of the United States. "
What Happens to Someone that Failed to Register for Selective Service
 | Applicants Nether the age of 26Applicants for U.S. citizenship nether the historic period of 26 should wait to have Course Northward-400 denied if they choose not to register for Selective Service. By making the decision not to register, the applicant is willfully failing to come across this obligation, and the USCIS officeholder volition be forced to deny the Due north-400 application based on the applicant's moral character. Applicants that are least age 18 and nether the age of 26, tin can have activeness now to correct the problem. They can hands register for Selective Service by visiting www.sss.gov. Not sure if you have registered? Applicants can even create an instant Official Letter of Verification to become proof. |
| | Applicants Between 26 and 31 Years of AgeN-400 applicants between 26 and 31 years of age may exist ineligible for U.S. citizenship. Again, applicants that "knowingly and willfully failed to annals" or but refused to annals for Selective Service, should expect to have Course N-400 denied. On the other hand, USCIS will allow the bidder an opportunity to show that he did non knowingly or willfully fail to register, or that he was non required to practice so. Even if the reason for not registering was innocent, many immigration attorneys advise information technology is amend to wait until age 31 (if applying based on 5 years of permanent residence) or 29 (if applying based on 3 years of permanent residence while married to a U.South. denizen). The reasoning is that the applicant must show five years (or three years respectively) of adept moral character. Applicants under the age of 31 that want to proceed with naturalization (rather than waiting) may do so. The bidder will need to present evidence that failing to register for selective service was an innocent oversight and that he did non "willfully" avoid the requirement. Applicants should submit the post-obit three items with Grade N-400:
Many people have successfully naturalized past addressing the requisite good moral grapheme in this manner. For the all-time results, ever speak with an immigration attorney first. |
| | Applicants Over 31 Years of Historic periodFailure to annals for Selective Service does not forestall a human being 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 exterior of the statutory five-year flow during which the bidder must testify that he is of good moral character and disposed to the practiced social club and happiness of the United States. (Annotation: The bidder must be at least 31 years of age on the mean solar day Form Northward-400 is mailed to USCIS to create the five years of permanent residence since turning 26.) In accordance with the USCIS Policy Manual, applicants for naturalization who are over historic period 31 are eligible for naturalization even if they knowingly and willfully failed to register. Thus a man'southward failure to register with Selective Service does not make him ineligible for naturalization because he is age 31 or older. Generally, USCIS should not inquire applicants who are age 31 or older to provide a condition information alphabetic character. Withal, if asked for such a letter of the alphabet, the applicant may submit this formal alphabetic character from the SSS to address the situation. |
Seeking Legal Advice After Failing to Annals for Selective Service
Failing to register for Selective Service can be grounds for USCIS to deny Form N-400, Application for Naturalization. Many immigration attorneys will recommend that their clients look until historic period 31 to apply to ensure 5 years of skillful moral character.
Applicants betwixt 26 and 31 years of age should contact an immigration attorney earlier filing Form N-400, Application for Naturalization. Although the applicant may prepare sworn declarations on his ain, the guidance of an experienced attorney volition e'er be more successful.
RECOMMENDED: five Common Reasons Form North-400 Gets Denied
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