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Thread: Didn't sign with selective services...can I still be a Citizen?

      
  1. #1

    Didn't sign with selective services...can I still be a Citizen?

    Hey Gurus, Recently I got my residence granted to me, after the interview my lawyer told me to enlist with the selective services, I did immediately and I was already over age, then they sent me a letter saying I was required to register with them, and the decision to grant me privilege or benifit is up to the agency or whoever is analyzing my case, I got my 1st work permit in january/03, and my residence was granted on september/04, and I wrote a letter explaining why I didn't register, is pretty much because I didn't know I came from other place and didn't know the rules and regulations of the selective services, do you guys think I'll be able to become a citizen?

  2. #2
    There was a discussion regarding this issue in this forum not too long ago. These links might be helpful http://boards.immigrationportal.com/...ghlight=choyty

    http://www.britishexpats.com/forum/s...ghlight=choyty

  3. #3

    hey thanks choyty and ****


  4. #4

    hey choyty

    and did your friend actually got thru the interview? or I didn't happen yet?

    Best Regards,

  5. #5
    Quote Originally Posted by luckyluciano
    and did your friend actually got thru the interview? or I didn't happen yet?

    Best Regards,
    No, he didn't have his intv yet. I will let you know the out come of his intv.

  6. #6
    [QUOTE]No, he didn't have his intv yet. I will let you know the out come of his intv.

    Thanks Bud.

  7. #7
    Hi,

    I'm in the same situation. I haven't applied for my Citizenship yet. Today I talked to an Immigration Lawyer. He asked if I registered for selective services. I said NO. He said that's going to be problem and most likely INS will deny me citizenship based on not having a good moral character. I told him I got my Greencard when I was 32 years old. He said it doesn't matter. He said that when you you turned 18 and you were here in the USA (and I was) I should have applied for selective services.

    He said he is going to vacation now, but will come back next week and will do research on this to see if I can still apply. He didn't seem hopeful about this.

    I live in Seattle. My Lawyer said that it depends on the office where they process this. He said Seattle office is very very picky and they are looking for everything to deny your citizenship. Other states may be easier.

    I'll let you know when my Lawyer get back and what he tells me after his research.
    Last edited by User Name; 16th September 2004 at 12:17 AM.

  8. #8
    Quote Originally Posted by User Name
    He said that's going to be problem and most likely INS will deny me citizenship based on not having a good moral character.
    Your lawyer is taking too much too soon. Who is this lawyer of yours?

    Quote Originally Posted by User Name
    I told him I got my Greencard when I was 32 years old. He said it doesn't matter. He said that when you you turned 18 and you were here in the USA (and I was) I should have applied for selective services.
    Change your lawyer. He is wrong. One does not have to register with SSS after HIS 26th birthday. You became a PR only by age 32, so it disqualifies you. Your attorney is a nut that has no idea what he is talking about. He is right only if you lived illegally in the US (and not on a non immigrant visa) as illegal aliens (as strange as it sounds) must register with the government!!!!!!! (Update: Reading your past post for the same topic you mentioned you were never illegal so you and SSS have no connection)

    http://www.sss.gov/FSwho.htm

    Quote Originally Posted by User Name
    He said Seattle office is very very picky and they are looking for everything to deny your citizenship.
    Seattle DO does seem to be picky. There was a case of a person's CZ denied as he had violated a fishing code (fished more than he should have )

    Apply for CZ as soon as you wish
    Last edited by Rahul Kumar; 16th September 2004 at 12:37 AM.
    Moderator, US Citizenship Forum
    ------------------------------------
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

    Live with Passion

  9. #9
    Thank you Rhaul, After doing a bit more research, it seems that you are right.

    http://www.shusterman.com/natz-ss99.html

    "This requirement does not apply to aliens present in the United States in a lawful nonimmigrant status." And I was Lawful nonimmigrant until 32 at which time I had passed the age 26 and couldn't apply.

    So I should be OK.

    About my lawyer. Hehe. I just asked my company's lawyer to recommend someone. She recommended this lawyer (which I don't think is fare to mention his name here). Today was the first time I talked to him. He seems very nice and knowledgable, but I guess he was wrong about this one.

    I haven't even signed any agreement with him. All he has is my name and phone and 5 mintues of conversation on the phone. Maybe I should look for another lawyer.

    I have been in US legally (F1, H1, Greencard) since 1985. I can skip the english portion of the exam. Right? It doesn't matter. I'm fluent in English, so I'll take the exam if I have to.

    Thanks

  10. #10
    Quote Originally Posted by User Name
    "This requirement does not apply to aliens present in the United States in a lawful nonimmigrant status." And I was Lawful nonimmigrant until 32 at which time I had passed the age 26 and couldn't apply.

    So I should be OK.

    You might want to get a letter from the selective services anyways, stating you were not required to register .. it takes round 2-3 weeks, and the proof will be with you for ever, even if you plan to apply for federal jobs later ..
    Presenting a letter to the USCIS is a lot easier than trying to explain with other documents.

  11. #11
    Quote Originally Posted by dimmsimm
    You might want to get a letter from the selective services anyways, stating you were not required to register .. it takes round 2-3 weeks, and the proof will be with you for ever, even if you plan to apply for federal jobs later ..
    Presenting a letter to the USCIS is a lot easier than trying to explain with other documents.

    I got my GC when I was 26.5 yrs. So I did not need to register.
    How do I get this letter anyways to have peace of mind.

  12. #12
    Quote Originally Posted by cp-gc
    I got my GC when I was 26.5 yrs. So I did not need to register.
    How do I get this letter anyways to have peace of mind.

    There was a discusson on this before, please read :

    http://www.immigrationportal.com/sho...d.php?t=140441


    You'll see a posting by me with how to request a letter from selective services.

  13. #13
    Quote Originally Posted by dimmsimm
    There was a discusson on this before, please read :

    http://www.immigrationportal.com/sho...d.php?t=140441


    You'll see a posting by me with how to request a letter from selective services.


    Thanks dimmsimm. In that form when the ask for INS status they mean to ask FI/H1 visa status right ?

  14. #14
    Quote Originally Posted by cp-gc
    Thanks dimmsimm. In that form when the ask for INS status they mean to ask FI/H1 visa status right ?

    yes .. along each entry, you have to put in the dates and corresponding status at that time .. e.g.

    January 1991 - December 1994 ..... F1 Student Visa
    January 1995 - Present ................. H1 Visa

    and so on ..

    along with this form, you'll need to send in the appropriate proof .. e.g I-20s, etc ..

  15. #15
    Quote Originally Posted by dimmsimm
    yes .. along each entry, you have to put in the dates and corresponding status at that time .. e.g.

    January 1991 - December 1994 ..... F1 Student Visa
    January 1995 - Present ................. H1 Visa

    etc ..
    Sorry to bother you again. 2 more questions.

    1. Do we have to have one line for each H1 VISA ? (I worked on 3 different companies and have a H1 visa for each of them)

    2. Do I need to mentioned the GC status ? something like
    June 2001 - Present (Green card)

  16. #16
    Quote Originally Posted by cp-gc
    Sorry to bother you again. 2 more questions.

    1. Do we have to have one line for each H1 VISA ? (I worked on 3 different companies and have a H1 visa for each of them)

    2. Do I need to mentioned the GC status ? something like
    June 2001 - Present (Green card)

    No problem at all .. I did this recently so it's fresh in my mind ..

    You do not have to put a separate entry for each H1 you had with different companies. Just give a combined timeline, if you had 3 H1's from 1991 to 2000, Just put, e.g.

    January 1991 - January 2000 ... H1 Visa.

    The proof you supply will show them you have H1 status for all those years.
    When you got your H1 approvals, it shows an I-94 at the bottom right of each approval. Those are the ones you want to send them a copy of, for each of your H1s. I did not even have to notarize these copies .. just incase you were wondering, but it might be a good idea to do so.

    And yes, you do have to include an entry for the time you got your GC.
    e.g. February 2000 - Present ... Permenant Resident Status.

    This would ofcourse be the last time.

  17. #17
    Do you mind posting the cover letter (minus any personal info) ?

    That would help.

    Thanks for all your help.

  18. #18
    Quote Originally Posted by User Name
    Thank you Rhaul, After doing a bit more research, it seems that you are right.

    http://www.shusterman.com/natz-ss99.html

    "

    The link above also mentioned this. (see below) Its kind of contradicst what sss.gov website says - If you get GC after 26th Birthday you dont need to register.......

    any comments ?



    Applicants Between 26 and 31 Years of Age

    A man between 26 and 31 years of age[1] who was required to register for Selective Service and who knowingly and willfully failed to register cannot demonstrate that he is eligible for naturalization. Every male naturalization applicant between 26 and 31 years of age who failed to register for Selective Service must provide evidence that his failure to register was not knowing and willful or that he was not required to register. If a male naturalization applicant between 26 and 31 years of age failed to register with Selective Service, the naturalization examination must be continued to give the applicant an opportunity to obtain evidence that his failure to register was not knowing and willful or that he was not required to register. If the applicant is unable to demonstrate that his failure to register was not knowing and willful or that he was not required to register, his naturalization application must be denied. Again, the decision must state explicitly that the INS has found that his willful failure to register with Selective Service means he cannot show that, during the requisite period before filing his application, he was not well disposed to the good order and happiness of the United States. The decision must cite § 316(a)(3).

  19. #19
    Quote Originally Posted by ****
    That's not what sss.gov says.
    It says that all men 18-25 are required to register, except ...
    and one of the exceptions is men in valid non-immigrant status.
    Hi ****,

    I was referring to 26-31 years.

  20. #20
    Join Date
    Aug 2004
    Location
    Los Angeles, CA
    Posts
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    people you are making this thing way too complicated

    just sign up for selective services regardless

    you have to do it anyway

    every male who had immigrant status between the ages of 18 to 26 has to do it.

    it saves everyone a lot of trouble

    besides it is totally no big deal to begin with.

  21. #21
    SSS is a big deal. If an immigrant male between 18-26 with no exceptional circumstances does not sign up for SSS he could be refused FAFSA (Govt Student Loans) and US Citizenship among other things.

    We do not realize the role of SSS as there is no draft now.. However there are some rumours floating around ..........
    Moderator, US Citizenship Forum
    ------------------------------------
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

    Live with Passion

  22. #22
    Quote Originally Posted by ****
    Oh, I see where the confusion comes from. Mr. Shusterman combined a couple of issues here.
    Let me unravel that:
    - For naturalization, you need to show "good moral character" in the 5 years before the application
    - Failing to register if you were between 18 and 25 shows lack of "good moral character"
    - You can't register for Selective Services if you are 26 or older.
    - Therefore, if you failed to register for Selective Services, you should wait with naturalization until you are 31 or older. That results in the failure to register being more than 5 years in the past, so it doesn't fall under the "good moral character in the last 5 years" issue anymore.
    ****,

    Yup its crystal clear now :-)

    Thanks

  23. #23
    Join Date
    Aug 2004
    Location
    Los Angeles, CA
    Posts
    302
    yes it's a big deal if you don't do it

    what I'm saying is that if there is any doubt about whether you have to or not you are better off just doing it anyway

  24. #24

    Any experience with unfavorable SSS letter?

    I want to find out if your Selective Service letter said that you were required to register with them and you didn't - what kind of experience did you have at the time of interview.

    I got a letter from SSS stating that I was required to register with them (unfortunately, I don't have enough documents to prove that I was on practical training for a short missing period, even though I was on a practical training after graduating.) Is it worth fighting to get documents and get the letter rectified? Or would it be just fine to explain it to the interviewer?

  25. #25
    Got my GC when was 25
    Did not register because DID NOT KNOW!

    Got a Status Letter from SS
    Wrote them back saying I never received a notice to register
    Got a reply saying they sent me a letter to first address in the US
    Wrote them back saying 'never got a letter' since was already at a different addres AND was on F-1 and was not required to register anyway
    Got a reply saying 'it is up to agence that administers the benefit bla bla'

    Applied for Cit and had interview in Newark on Sep 14 2004
    Passed the test, was told that my SS case will be 'investigated' and I will get a decision in 7 days
    Still sitting here 3 month later and waiting for a decision
    The InfoPass says there no available appointments
    Should I write them? What are my chances? THANKS!

  26. #26
    Need advice on how to correct a mistake i made on my N-400 application regarding selective service Registration. The question was "Are you a male who lived in US at any time between your 18th and 26th birthdays in any status except as a lawful nonimmigrant"

    I came to USA on F1 visa when i was 25 yrs and 9 months, I have answered the above question NO and should have answered YES. I have remined on valid non-immigrant visa well past age of 26, until i got my Green Card.

    Question I have is can I correct this at the time of interview and prove that I need not have registered for Selective service as was on a non-immigrant visa? What documentation to take to convince the immigration officer at the time of my interview. My interview is scheduled in Feb 2005 and any advice is appriciated.

  27. #27
    ****,

    I am really confused. If what you say is true, then i dont know what my interview letter mentioned me to get proof of Selective Service registration? Do I not have to prove that I do not have to register for SS when asked for the SS registration proof by the
    officer at the interview?

    Thanks!

  28. #28
    ****,

    Thank you for the link. Getting a letter from SSS will give me peace of mind to face the interview on SS registration question. Will do that today.

    Best Regards

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