Do I Need To Register With Selective Srrvice Before Filing N400

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

n-400 failing to register for selective service

Permanent resident men are commonly surprised when they stumble upon Question 44 in Part 12 of Course N-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 touch i'south eligibility for naturalization? Will Form Due north-400 be denied if the bidder has not registered? There are numerous questions that this commodity addresses based on a review of the USCIS policy manual.

Selective Service Requirement on Form N-400

According to U.S. law, a homo must annals with Selective Service within 30 days of his 18th birthday. Selective Service can have a late registration only not subsequently a man has reached his 26th birthday. This requirement applies to citizens, permanent residents, refugees, asylees, and even undocumented aliens. It does not apply to women or foreign nationals in the The states with non-immigrant visas (e.g. tourists, students, business organisation, etc.).

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

Citizenship Trouble 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.S. citizenship. Deliberately fugitive registration or even non knowing to annals tin create a pregnant problem for a male person permanent resident that wants to naturalize equally a U.S. citizen.

failing to register for selective service, naturalization

According to Chapter 7 of the USCIS Policy Manual, "An bidder for naturalization must prove 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 disposed to the good guild and happiness of the U.s. during the statutorily prescribed period."

Further, the manual makes it articulate that "an applicant who refused to or knowingly and willfully failed to annals for Selective Service negates his disposition to the good club and happiness of the United States, zipper to the principles of the Constitution, practiced moral grapheme, and willingness to acquit arms on behalf of the United States. "

What Happens to Someone that Failed to Register for Selective Service

Applicants Nether the age of 26

Applicants for U.Due south. citizenship nether the historic period of 26 should expect to have Form N-400 denied if they cull not to register for Selective Service. By making the decision not to register, the applicant is willfully declining to meet this obligation, and the USCIS officeholder volition be forced to deny the N-400 application based on the applicant's moral character.

Applicants that are least age 18 and under the age of 26, can take action at present to correct the problem. They can easily annals for Selective Service by visiting world wide web.sss.gov. Not sure if y'all accept registered? Applicants can even create an instant Official Letter of Verification to go proof.

Applicants Between 26 and 31 Years of Historic period

N-400 applicants between 26 and 31 years of age may be ineligible for U.S. citizenship. Once again, applicants that "knowingly and willfully failed to register" or simply refused to register for Selective Service, should look to have Class N-400 denied. On the other mitt, USCIS will allow the applicant an opportunity to show that he did not knowingly or willfully neglect to register, or that he was not required to do so.

Fifty-fifty if the reason for non registering was innocent, many immigration attorneys suggest it is better to look 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.Due south. citizen). The reasoning is that the applicant must testify 5 years (or iii years respectively) of good moral graphic symbol.

Applicants under the age of 31 that want to go on with naturalization (rather than waiting) may do so. The applicant will demand 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 following three items with Class North-400:

Condition Information Letter from Selective Service
A Status Information Letter of the alphabet from the Selective Service states that you are over-age and therefore no longer required to register. USCIS will refuse to consider your situation without this alphabetic character. Request a Status Data Letter.
Sworn Announcement from Bidder
This signed statement explains why you did not avoid the Selective Service and why the nature is innocent.
Sworn Proclamation from Supporter(s)
This signed statement is most effective if provided by people of authority such equally a teacher or pastor. The letter of the alphabet should support your explanation of what happened to result in your not knowing yous were supposed to annals.

Many people accept successfully naturalized by addressing the requisite good moral graphic symbol in this mode. For the all-time results, always speak with an immigration chaser first.

Applicants Over 31 Years of Age

Failure to annals for Selective Service does non prevent a man who was over 31 years of age from demonstrating that he is eligible for naturalization. This is because the bidder's failure to register would be exterior of the statutory five-twelvemonth period during which the bidder must testify that he is of proficient moral character and disposed to the adept order and happiness of the United States. (Note: The applicant must be at to the lowest degree 31 years of age on the day Class Due north-400 is mailed to USCIS to create the v years of permanent residence since turning 26.) In accord 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 human's failure to annals with Selective Service does non brand 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 information alphabetic character. However, if asked for such a letter of the alphabet, the bidder may submit this formal alphabetic character from the SSS to address the state of affairs.

Seeking Legal Advice Afterward Failing to Register for Selective Service

Failing to register for Selective Service tin can be grounds for USCIS to deny Grade North-400, Application for Naturalization. Many immigration attorneys will recommend that their clients await until age 31 to apply to ensure 5 years of practiced moral grapheme.

Applicants between 26 and 31 years of age should contact an clearing attorney earlier filing Class Due north-400, Application for Naturalization. Although the applicant may prepare sworn declarations on his ain, the guidance of an experienced attorney will ever be more than successful.

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

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