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Selective Service and US Citizenship question

Discussion in 'US Citizenship' started by sethuganesh123, Jul 30, 2010.

  1. sethuganesh123

    sethuganesh123 Registered Users (C)

    Hi Folks,

    I got my green card in November 2007 as a spouse of an US citizen. I entered the country when I was 20 and was out of status since I was 22. I failed to register for selective service as I was not aware of selective service at that time. I am going to be 31 in June 2011. My question is would I be able to apply for US citizenship this year 30 days before the 3 years of green card status and Should I wait until I turn 31 and then apply?

    I appreciate you input in this matter. Good luck to everyone.
     
  2. jayoa

    jayoa Registered Users (C)

    It says if you did not register and you are now over 26 years old you need to provide a statement why you did not register. So let them know you were not aware of such process at the time, they should understand that there are tons of things you were trying to fit into your head as a newcomer to a new country and you would definitely not capture or know everything and this is one of those things you missed. The Oath should cover such allegiance to bear arms, etc for the US if need be.
     
  3. Mickey_32

    Mickey_32 Registered Users (C)

    Download M-476, Guide to Naturalization and follow the instructions on page 29, where it outlines what you should do if you were required to register but did not.
     
  4. jayoa

    jayoa Registered Users (C)

    I knew I had seen this somewhere before, go to Form M477 and look at the bottom of page 2 for what to do (the website won't let me post the link here, just google it). It says; you need to call Selective Service at 1-847-688-8888 for a Status Information Letter that you need to provide since you did not register.
     
  5. Jackolantern

    Jackolantern Registered Users (C)

    If you are still married to the same US citizen and otherwise eligible to apply with the 3-year rule, you only have to wait 3 years after your 26th birthday to be free and clear of the Selective Service registration issues with respect to naturalization. You are 30 now, so you don't need to wait until 2011.

    Note that if you were under 26 when you applied for your green card, USCIS might have registered you automatically as part of the green card process. So if you were below that age when filing the I-485, call the Selective Service to find out if you were registered.
     
  6. MYRUNAWAYHUSBAN

    MYRUNAWAYHUSBAN New Member

    I have a question for anyone who can help me. I got married in the UK to a British man, he wanted to move to the US, he and his two kids received a US visa, after they abtained the Visa's they left and I have not heard or seen them since! How can I revoke the Visa's and divorce this man who abviously used me for a US visa??? I want to remarry now and it has been three years since this happened!!! Help!! thanks!
     
  7. jayoa

    jayoa Registered Users (C)

    You may need to visit your local court to file a divorce without his consent since you can't find him. Do you know his full name at all? This might help you find him I guess. Just like Canadians, UK citizens do not need anyone or a US visa to come to the US, they only need their passport and pack their bags and are welcome in the US for up to 90 days and have to return except if they have extended their stay somehow (same thing goes for US citizens who need to visit such countries) and I doubt he was able to get a green card without you in the picture except he lied all through that you both reside at his false address and all that, in that case you can cause USCIS to revoke his green card due to false information.
     
    Last edited by a moderator: Jul 31, 2010
  8. Jackolantern

    Jackolantern Registered Users (C)

    Your situation has nothing to do with Selective Service or naturalization. Please start a separate thread in the Family Based Green Cards section. http://forums.immigration.com/forumdisplay.php?39
     
  9. sethuganesh123

    sethuganesh123 Registered Users (C)

    Jackolantern: Thanks. I was 27 when I applied for GC and I received a Status Information Letter few months ago which says I was suppose to register and I failed to register. It also says that I was not notified to register for Selective Service according to their records.

    I appreciate everyone's response to my post. Good luck everyone.
     
    Last edited by a moderator: Aug 1, 2010
  10. vjarek

    vjarek New Member

    sethuganesh123, I have a question, how long you've been waiting for a letter from Selective Service ?
     
  11. Spaniard1980

    Spaniard1980 New Member

    Hi Folks,

    is it 31 or 32 that should be safe? I've read in certain forums and attorneys pages that 32 safe, but several other forums stated 31 is fine. My particular case is as follows...

    came over to the US on 1997(I was 17 years old) with a visitors visa which allowed me to be here legally for 6 months, I overstayed my status and was here illegaly for several years, then married a US citizen(still married for that matters, true happyness) back in 2004...and did not get a greencard until 02/2008 (I was 27) . I did not registered with the SSS due to ignorance, I know it's not an excuse to plead ignorance to the law, I just trully never knew about it until now...now it's too late to register, I'm going to be 31 years old on June 18th this year...will I be ok to apply for citizenship by when I turn 31 or should I be super safe and wait unil I'm 32?

    Different website states different opinions, not quite sure how to go about it.

    Sorry if this has been over asked before, I just waned to get a better understanding in my particualr case.

    Thanks you all

    Esteban.
     
  12. Jackolantern

    Jackolantern Registered Users (C)

    One day after your 31st birthday is safe.

    Actually for you one day after your 29th birthday is safe because you qualify for the 3 year rule. However since your 31st birthday is so close, why not just wait a few days so you're free and clear with either interpretation in case you're faced with an inexperienced interviewer who doesn't know that 29 is the cutoff for people applying based on 3 years of marriage to a US citizen.

    If you applied for a green card before turning 26, it's possible you were automatically registered as part of the green card process. Have you checked the Selective Service web site? If the web site doesn't confirm that you were registered, call them and ask them to check. The web site doesn't have access to all records; the people on the phone can do some extra searching to find your registration.
     
    Last edited by a moderator: Jun 14, 2011
  13. Spaniard1980

    Spaniard1980 New Member

    Thank you for your response Jacko.

    my I-130 took ages for it to be approved, it was actually approved only a few months before I got my GC, which was after I turned 26 so I doubt they registered me for SSS, I will give them a call just in case though.

    Thanks again.

    Esteban
     
  14. Jackolantern

    Jackolantern Registered Users (C)

    They don't necessarily wait until green card approval to register you. You met the criteria for registration when you filed the I-485 (age between 18-26, not in legal nonimmigrant status), so they could have registered you while your I-485 was being processed.
     
  15. 1991Syclone

    1991Syclone New Member

    Base on everything I've read so far I believe that I'm okay on this issue:

    1) First came to the US on a TN-1 visa back in 1996 when I was 23
    2) Worked on renewed TN-1 visas for various companies through the years never having overstayed my visa
    3) Married to a US citizen in 2003 (kept working on TN-1 visas while applying for green card)
    4) Had a child in 2005
    6) Received my green card in 2006 at the age of 33,

    I am looking to apply for citizenship now (I know I could have done it earlier) and keep wondering about this Selective Service question. Based on all the things I've researched, since I was in the country on a TN-1 visa during the required registration years I was NOT required to register with the Selective Service and I can state that on my N-400. Just wanted to confirm with the minds on here that this is correct.
     
  16. Vorpal

    Vorpal Registered Users (C)

    @1991Syclone:

    Correct. You weren't required to register.
     
  17. 1991Syclone

    1991Syclone New Member

    Perfect, thanks!
     
  18. ZZZ777ZZZ

    ZZZ777ZZZ Registered Users (C)

    Hi,

    I have similar question and was wondering if anyone will be able to answer.

    I'm having my interview in 2 weeks for Citizenship. Right now I'm 37. I have not registered with Selective Service. For the very first time when I entered US I was already 26. So I believe I did not need to do it since I was already 26, and also I was on F-1 Student Visa. And of course I haven't heard about it at that time. I have a stamp in my passport showing my first date of entry that is a proof that I was already 26. Is that enough evidence for interview?
     
  19. BigJoe5

    BigJoe5 Registered Users (C)

    It is completely irrelevant to you. You will not be asked about it. You were never required to register.
     
  20. ZZZ777ZZZ

    ZZZ777ZZZ Registered Users (C)

    Thank you! Glad to hear it is irrelevant in my case! :)
     

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