Talked to my lawyer, now very confused

O

orbital

Registered Users (C)
Current situation:

I've been a permanent resident for almost 5 years now applying for my citizenship.

Im currently 33 years of age and got my GC when I was around 28.

Before I got my GC, I was illegally in the country since 18

Current Situation:

I want to apply for my Citizenship now and have a question about Selective Services.

What is a "lawful nonimmigrant"? and did I qualify as one as an illegal?

- For some reason my lawyer is telling me to check NO for the question:

"Are you a male who lived in the US at any time between 18-26 age in any status except a lawful non immigrant?"

Is he correct? I didn't think so, so I wanted to double check with you guys.
Please let me know as i'm very confused.

p.s. lets say if I do check YES, (but I didnt register and didnt know anything about SSS until now), do I just sent a simple letter explaining that I did NOT register but it was unintentional. will that be ok?

Thanks
 
You have to answer No.
Because of that (and because you did not register with SSS), you are not eligible for naturalization until the age of 31. That age has passed, however. No consequences are facing you now.
 
Thanks Ravesky,

But are you sure I answer NO to that answer (my lawyer thinks so too)?

I thought it was YES. Here is the question on the N400 again:

"Are you a male who lived in the US at any time between age 18-26 in any status except a lawful non immigrant?"

Well I got my GC when i was 28, I never registered, I was out of status before then and now im 33.
 
Answer YES, because you were in the US but not as a lawful nonimmigrant at that age.
 
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Thanks Jack...,

And along with checking YES, I just attach a simple explanation saying that I did not register intentionally? Will that suffice?
 
You are over 31, so SS registration is now practically irrelevant. Don't bother to attach any explanation, just answer if asked in the interview (and they probably won't ask).

But if you're going to have any weight behind your explanation, you should get a letter from the SS to say that they did not request you to register.
 
Answer YES, because you were in the US but not as a lawful nonimmigrant at that age.
Click to expand...
That is exactly the reason why the answer must be NO. If, on the contrary, all the time you were in the US between 18 and 26, you were in lawful nonimmigrant status, the answer would have to be YES.

If you answer YES instead, that could constitute willfull misrepresentation (fraud) and you could become deportable.
 
you should get a letter from the SS to say that they did not request you to register
Click to expand...
This type of letter is not required. You were supposed to register anyway, as long as you were living in the US illegally.
 
raevsky said:
If, on the contrary, all the time you were in the US between 18 and 26, you were in lawful nonimmigrant status, the answer would have to be YES.
Click to expand...

The question asks "In any status except as a lawful non immigrant" (ex: H1B, F1, L1 etc..).

Illegal immigrants are required to register for SS and is a status other than non immigrant and therefore the answer would be YES to the question.

The purpose of the question is to determine if you were required to register at the time.
 
You guys are amazing...a great resource. I have another question that im confused about on the N400 so I'll ask here (or I can start another thread).

Here is the list of documents I got before I got my GC which will shape the answer for these questions:

1) "Order of Release on Recognizance" and it starts out by saying "you have been arrested and placed in removal proceedings..."

2) "Notice of hearing in removal proceedings"

I got the first document, when I was out of status and went to register during the "special registration (ncear?) and was held for like 5 minutes and then let go on my own recognizance.

Once I got my 2nd letter (#2) I went to the hearing (by that time my parents had become citizens) and immediatly got approved for the Green Card!

So now on the N400 form, how would I answer these questions:

16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?

17. Have you ever been charged with committing any crime or offense?


27. Have you ever been ordered to be removed, excluded or deported from the United States?


28. Have you ever applied for any kind of relief from removal, exclusion or deportation?


Any help would be greatly appreciated!
 
In my opinion you should answer "yes".
But if you have hired a good immigration lawyer, and you have provided all the information to him/her, follow their advice.
 
orbital said:
16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
Click to expand...
Sounds to me you were detained for 5 minutes during special registration so answer would be YES.
orbital said:
17. Have you ever been charged with committing any crime or offense?
Click to expand...
You were arrested for immigration violation, so you would answer YES again.
orbital said:
27. Have you ever been ordered to be removed, excluded or deported from the United States?
Click to expand...
You were never ordered removed. You were arrested and placed in removal proceeding , but at your hearing you were never ordered removed so the answer would be NO.

orbital said:
28. Have you ever applied for any kind of relief from removal, exclusion or deportation?
Click to expand...
Again, the answer would be NO, since you were never ordered removed. Had you been ordered removed after your hearing and you applied for relief (such as humanitarian reasons) to stop you from being removed , then you would have to answer YES.
 
Thanks Bob,

Regarding to this question:

"17. Have you ever been charged with committing any crime or offense?"

"You were arrested for immigration violation, so you would answer YES again."

*****

Are you sure, because no Miranda rights were read to me etc, this all happened when I voluntary went for the special registration interview. Would they have to give me some notice saying that I was arrested?
 
orbital said:
Thanks Bob,

Regarding to this question:

"17. Have you ever been charged with committing any crime or offense?"

"You were arrested for immigration violation, so you would answer YES again."

*****

Are you sure, because no Miranda rights were read to me etc, this all happened when I voluntary went for the special registration interview. Would they have to give me some notice saying that I was arrested?
Click to expand...

I assumed they charged you for violating immigration laws since they detained you. You may not have been arrested, but they did charge you for immigration violation, correct?
 
Bobsmyth said:
I assumed they charged you for violating immigration laws since they detained you. You may not have been arrested, but they did charge you for immigration violation, correct?
Click to expand...

I guess you have a good point. I'm having my lawyer dig up my old file and see what exactly happened (legally). I dont have a problem checking YE, but I hope it wont lessen my chance for a citizenship (logically I would assume so because this was before my GC, and I paid a fine, etc. If I was ok for them to give me a GC, then why not citizenship). well thats my logic anyways :)
 
I have the same problem with "removal proceedings" questions. I was also in removal proceedings before I got my GC and was given relief by judge to file for adjustment of status. I need your help here now. There are in fact 3 questions
1. Have you EVER been removed, excluded or deported from US?
It's answer is clearly NO. It didn't happen in my case. I was just in removal proceedings.
2. Have you EVER been ordered to be removed, excluded or deported from US?
I am not sure what the answer should be for this question. I have read the posts above. But I am confused that whether BEING in removal proceedings means that "you were ordered to be removed but wasn't because one was given relief or does it mean the final judgement or order by court?
3. Have you EVER applied for any kind relief from removal, exclusion or deportation?
Same confusion here. Because I did apply for relief from removal but does it mean it was a relief AFTER the final judgment or does it refer to anyone who was ONCE even before getting a green card in removal proceedings and was given a relief?
I basically have the ditto situation as Orbital the user of this forum, except that I wasn't arrested by any immigration officer.
Can anyone clarify this please?
Bobsmyth...can you please tell me if the answers you posted to these questions are just your opinions or you know these based on somebody else's experience. A "NO" to both these questions makes sense but being in removal proceedings same as being ordered to be removed, which in my thinking is a post judgement scenario.
Will appreciate responses.
 
IMO, "Removal proceeding" starts with a hearing that determines whether an official removal order is handed down or not. In your case, it never was so the answer would be NO for all three questions. Had you been ordered removed at the proceeding, but then asked for relief from being removed then you would answer YES.

Note: This is based on my interpretation of 8 CFR 1239.
 
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There is no such status as Illegal immigrant. It's called "off the status" to be exact in another words. I don't think you should answer "Yes".
 
z350 said:
There is no such status as Illegal immigrant. It's called "off the status" to be exact in another words. I don't think you should answer "Yes".
Click to expand...

I am writing " NO" for both of these questions.
1. Have you ever been ordered to be removed, excluded or deported from USA?
2. Have you ever been given any relief from removal, exclusion or deportation?
 
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