"Another" selective service/N-400 question, different scenario?

Ebjresmor

New Member
Posted a long explanation with detailed dates, etc. and was timed out & lost the post, so this is the brief version. If additional dates are needed for suggestions, please let me know.

  • I am a US citizen (born in the US), my husband immigrated here in 97.
  • We married 11/97.
  • His conditional status became effective 12/08/98.
  • His 26th birthday was 4/21/99.
  • Unconditional status became effective 12/08/00.

He is now wanting to naturalize, but like so many others we've been reading about recently, failed to register for Selective Service. He did so unintentionally. He absolutely would have registered had he known he was required to, but does not remember hearing/reading/being told/etc. about it back then. In fact, he doesn't remember any mention of it prior to seeing it on the N-400 form. I know (now, because I went back and read the online form) it's on the application for residency, but how we both missed - I have no idea. My husband's situation is a bit different from many we've read about, and we're wondering if any of these factors might impact (+ or -) his efforts to become naturalized:

  • He is currently employed as a government contractor and had to pass the government's SSBI (Single Scope Background Investigation) for the position. Does successfully passing the SSBI have any bearing on the likelihood that his naturalization might be approved regardless of failure to register for SS?
  • Our daughter was born 10/2008 and is a US citizen. Will this impact his ability to naturalize?
  • Does his length of resideny (13 years) have any impact? Most cases we read about were individuals trying to naturalize much sooner after obtaining unconditional residency.

I found, "This means that if he failed to register between the ages of 18 to 26, then on his 31st birthday, he again becomes eligible to file for naturalization, if otherwise qualified." My husband is going to be either 36 or 37 when he submits his n_400 (depending on how much waiting/background research we need to do). According to that statement online from an immigration lawyer, his failure to register for SS should not be a huge issue. Does anyone have any insight on whether or not it's still likely to come up, even 13 years after the fact? (During those 13 years my husband has not even had a traffic ticket, he has been the "ideal" immigrant. :) )

We will begin seeking out an immigration lawyer, but this will give us a head-start, and if nothing else will help us prpeare for the conversation. Any input will be warmly received. Thanks so much!
 
Selective Service:
he should be good, he only would be ineligible to naturalize between his 26th and 31st birthday, since the failure to register with SS is considered part of displaying lack of Good Moral Character; GMT is considered over a span of 5 years.
See also section (5) "Have you ever failed to comply with the Selective Service Laws", (D) under http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-23104/0-0-0-23200/0-0-0-24593.html

Having a US citizen daughter has no effect positive nor negative with regard to naturalization. I assume he likely applies based on 5+ years as LPR, not marriage based (beyond 5 years as LPR, it does not matter that he acquired his GC via marriage, family or employment).

impact of length of residency: of course not, all that matters that he satisfies the residency criteria (which he certainly does) plus GMT etc. The time people wait to apply is no measure to attachment to the US

Unless there are other complications (which from the data you gave there seem to be none), he should be able to simply file by himself, no lawyer needed.

good luck
 
Selective Service:
he should be good, he only would be ineligible to naturalize between his 26th and 31st birthday, since the failure to register with SS is considered part of displaying lack of Good Moral Character; GMT is considered over a span of 5 years.
See also section (5) "Have you ever failed to comply with the Selective Service Laws", (D) under http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-23104/0-0-0-23200/0-0-0-24593.html

Having a US citizen daughter has no effect positive nor negative with regard to naturalization. I assume he likely applies based on 5+ years as LPR, not marriage based (beyond 5 years as LPR, it does not matter that he acquired his GC via marriage, family or employment).

impact of length of residency: of course not, all that matters that he satisfies the residency criteria (which he certainly does) plus GMT etc. The time people wait to apply is no measure to attachment to the US

Unless there are other complications (which from the data you gave there seem to be none), he should be able to simply file by himself, no lawyer needed.

good luck

Good luck with your interview tomorrow, and update us how it goes..
 
  • I am a US citizen (born in the US), my husband immigrated here in 97.
  • We married 11/97.
  • His conditional status became effective 12/08/98.
  • His 26th birthday was 4/21/99.
  • Unconditional status became effective 12/08/00.
For at least 10 years, they have been automatically registering males for Selective Service as part of the green card process. So it is possible that he was already registered, although I'm not sure if they had started the automatic registration back in 1998.

He can check the Selective Service web site to see if he has been registered. The web site is not connected to the complete set of records, so if it doesn't find his record, he should call them up and ask them to double-check.

If it turns out that he was not registered, it's still not a problem, because he is past age 31.
 
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