Do I Have To Register For Selective Service For Citizenship

How failing to register for Selective Service creates a problem for men filing Class N-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 Due north-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 as a U.S. citizen. But how does failing to register for selective service bear on 1's eligibility for naturalization? Volition Form N-400 exist denied if the bidder has non registered? In that location 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 human must register with Selective Service within thirty days of his 18th altogether. Selective Service can accept a belatedly registration only not subsequently a human being has reached his 26th birthday. This requirement applies to citizens, permanent residents, refugees, asylees, and fifty-fifty undocumented aliens. It does non apply to women or strange nationals in the United States with non-immigrant visas (east.g. tourists, students, business, etc.).

Registering does non hateful you are joining the military. The U.S. does not have a drafted military machine; the conclusion to bring together the military is entirely voluntary. The Selective Service maintains a list of names in case in that location is a national emergency requiring rapid expansion of the military machine.

Citizenship Problem Created by Declining to Annals for Selective Service

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

failing to register for selective service, naturalization

According to Chapter 7 of the USCIS Policy Manual, "An applicant for naturalization must bear witness that he or she has been and continues to be a person attached to the principles of the Constitution of the United states and well tending to the expert order and happiness of the United States during the statutorily prescribed menstruum."

Further, the transmission makes it clear that "an bidder who refused to or knowingly and willfully failed to annals for Selective Service negates his disposition to the adept club and happiness of the United States, zipper to the principles of the Constitution, good moral character, and willingness to carry arms on behalf of the United States. "

What Happens to Someone that Failed to Annals for Selective Service

Applicants Nether the age of 26

Applicants for U.Due south. citizenship under the age of 26 should expect to have Form N-400 denied if they choose not to register for Selective Service. By making the decision not to register, the applicant is willfully failing to encounter this obligation, and the USCIS officer volition be forced to deny the N-400 awarding based on the applicant's moral character.

Applicants that are least age 18 and under the age of 26, can accept activeness at present to right the problem. They can easily register for Selective Service by visiting www.sss.gov. Not sure if you have registered? Applicants tin can even create an instant Official Letter of Verification to get proof.

Applicants Betwixt 26 and 31 Years of Age

N-400 applicants betwixt 26 and 31 years of historic period may be ineligible for U.Due south. citizenship. Again, applicants that "knowingly and willfully failed to register" or simply refused to annals for Selective Service, should expect to take Class North-400 denied. On the other manus, USCIS will let the bidder an opportunity to show that he did non knowingly or willfully fail to register, or that he was not required to do and then.

Even if the reason for not registering was innocent, many clearing attorneys suggest it is better to expect until historic period 31 (if applying based on five years of permanent residence) or 29 (if applying based on iii years of permanent residence while married to a U.S. citizen). The reasoning is that the applicant must evidence five years (or iii years respectively) of expert moral character.

Applicants under the historic period of 31 that want to go along with naturalization (rather than waiting) may practice and so. The applicant will need to present show that failing to register for selective service was an innocent oversight and that he did not "willfully" avert the requirement. Applicants should submit the following iii items with Class Due north-400:

Status Information Letter from Selective Service
A Status Information Letter from the Selective Service states that y'all are over-age and therefore no longer required to register. USCIS will refuse to consider your situation without this letter. Asking a Status Information Alphabetic character.
Sworn Proclamation from Applicant
This signed statement explains why you did non avoid the Selective Service and why the nature is innocent.
Sworn Declaration from Supporter(due south)
This signed statement is near effective if provided past people of authority such as a teacher or pastor. The letter of the alphabet should back up your caption of what happened to effect in your not knowing you were supposed to register.

Many people have successfully naturalized by addressing the requisite proficient moral graphic symbol in this style. For the best results, always speak with an immigration chaser first.

Applicants Over 31 Years of Age

Failure to annals for Selective Service does not foreclose a homo who was over 31 years of age from demonstrating that he is eligible for naturalization. This is considering the applicant's failure to annals would be outside of the statutory v-year period during which the applicant must show that he is of good moral character and disposed to the expert gild and happiness of the The states. (Note: The applicant must be at to the lowest degree 31 years of age on the day Form N-400 is mailed to USCIS to create the five years of permanent residence since turning 26.) In accordance 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'southward failure to register with Selective Service does not make him ineligible for naturalization considering he is age 31 or older.

By and large, USCIS should not ask applicants who are age 31 or older to provide a status information letter. However, if asked for such a letter, the applicant may submit this formal alphabetic character from the SSS to address the situation.

Seeking Legal Communication After Failing to Register for Selective Service

Failing to register for Selective Service tin can be grounds for USCIS to deny Form N-400, Application for Naturalization. Many immigration attorneys will recommend that their clients await until age 31 to employ to ensure five years of good moral character.

Applicants between 26 and 31 years of age should contact an immigration attorney before filing Form N-400, Awarding for Naturalization. Although the applicant may prepare sworn declarations on his own, the guidance of an experienced chaser volition e'er exist more successful.

RECOMMENDED: 5 Common Reasons Class North-400 Gets Denied

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