Are You Registered With The Selective Service?

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

Permanent resident men are normally surprised when they stumble upon Question 44 in Part 12 of Form N-400, Application 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 as a U.S. citizen. Simply how does failing to register for selective service bear on one'due south eligibility for naturalization? Will Course N-400 be denied if the applicant has non registered? In that location are numerous questions that this article addresses based on a review of the USCIS policy manual.

Selective Service Requirement on Grade N-400

According to U.South. law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service tin can have a belatedly registration only non after a man has reached his 26th birthday. This requirement applies to citizens, permanent residents, refugees, asylees, and fifty-fifty undocumented aliens. Information technology does not employ to women or strange nationals in the United States with non-immigrant visas (e.g. tourists, students, concern, etc.).

Registering does not mean yous are joining the military. The U.S. does not accept a drafted armed forces; the decision to join the armed forces is entirely voluntary. The Selective Service maintains a listing of names in case there is a national emergency requiring rapid expansion of the armed forces.

Citizenship Problem Created past Failing to Register for Selective Service

Several federal benefits can be denied to someone that has failed to register for Selective Service, including U.Due south. citizenship. Deliberately fugitive registration or even non knowing to register tin create a meaning problem for a male permanent resident that wants to naturalize as a U.Due south. citizen.

Co-ordinate to Chapter 7 of the USCIS Policy Manual, "An applicant for naturalization must testify that he or she has been and continues to be a person attached to the principles of the Constitution of the U.s.a. and well tending to the practiced club and happiness of the The states during the statutorily prescribed menstruation."

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

What Happens to Someone that Failed to Register for Selective Service

	Applicants Under the historic period of 26 Applicants for U.S. citizenship under the age of 26 should await to have Form N-400 denied if they choose not to annals for Selective Service. By making the decision non to annals, the bidder is willfully failing to come across this obligation, and the USCIS officeholder will exist forced to deny the N-400 application based on the bidder's moral character. Applicants that are to the lowest degree age xviii and under the age of 26, can take action now to correct the trouble. They tin can hands register for Selective Service past visiting world wide web.sss.gov. Not sure if you have registered? Applicants can even create an instant Official Letter of Verification to get proof.
	Applicants Between 26 and 31 Years of Historic period N-400 applicants between 26 and 31 years of age may exist ineligible for U.S. citizenship. Once again, applicants that "knowingly and willfully failed to register" or merely refused to annals for Selective Service, should expect to have Form Northward-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 do so. Even if the reason for non registering was innocent, many immigration attorneys suggest information technology is better to wait until age 31 (if applying based on five years of permanent residence) or 29 (if applying based on three years of permanent residence while married to a U.S. citizen). The reasoning is that the bidder must bear witness five years (or three years respectively) of good moral grapheme. Applicants under the age of 31 that desire to proceed with naturalization (rather than waiting) may do so. The applicant volition need to nowadays evidence that failing to annals for selective service was an innocent oversight and that he did not "willfully" avert the requirement. Applicants should submit the following iii items with Course N-400: Condition Information Letter from Selective Service A Condition Data Letter from the Selective Service states that y'all are over-historic period and therefore no longer required to register. USCIS will refuse to consider your situation without this letter. Request a Condition Information Alphabetic character. Sworn Declaration from Applicant This signed statement explains why you did non avert the Selective Service and why the nature is innocent. Sworn Proclamation from Supporter(due south) This signed statement is most effective if provided by people of say-so such equally a instructor or pastor. The letter should support your explanation of what happened to issue in your non knowing you were supposed to annals. Many people have successfully naturalized past addressing the requisite skilful moral character in this manner. For the best results, always speak with an immigration attorney first.
	Applicants Over 31 Years of Historic period Failure to register for Selective Service does non preclude 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 five-yr period during which the applicant must show that he is of good moral character and disposed to the good order and happiness of the United States. (Notation: The applicant must be at to the lowest degree 31 years of age on the twenty-four hours Form N-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 age 31 are eligible for naturalization even if they knowingly and willfully failed to register. Thus a man's failure to register with Selective Service does non make him ineligible for naturalization because he is age 31 or older. Mostly, USCIS should not ask applicants who are age 31 or older to provide a status data letter. However, if asked for such a letter, the applicant may submit this formal letter from the SSS to accost the state of affairs.

Seeking Legal Advice After Failing to Register for Selective Service

Declining to annals for Selective Service can be grounds for USCIS to deny Form N-400, Application for Naturalization. Many immigration attorneys will recommend that their clients wait until age 31 to apply to ensure 5 years of good moral character.

Applicants between 26 and 31 years of historic period should contact an immigration attorney earlier filing Form N-400, Application for Naturalization. Although the applicant may prepare sworn declarations on his own, the guidance of an experienced attorney will e'er be more successful.

RECOMMENDED: 5 Common Reasons Form Due north-400 Gets Denied

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