Filing N400, Help please..

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zack1978

Registered Users (C)
I'm filing my N400 based on marraige to a US citizen (3 years). I can't afford hiring an attorney, I don't have a lot of money to spend and i'm still at school.
I'm seeking the advice of the good fellows here.


Just couple of questions:

1- Pictures: i remember when i applied for my green card, my application was rejected several times because the pic descriptions weren't perfect. My question, can i have my passport size pic taken at EcKard or simliar place or should i seek professional photographer?

2- Selective service: I was required to register with the selective services but did not and i had my GC before i was 26; I did not know about it. will my application be rejected because of that?

3- Federal loans: I'm enrolled in a medical school and i have student loans. will this have an impact on my approval.

4-State tax: do i have to submit my state taxes along with my federal taxes for the N-400

Your help is greatly appreciated

thanks guys
 
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  1. Download the detailed passport picture specifications. That's the format that you need now (facing ahead, not with the ear showing). If you have a good passport picture taking (no shadows, no glare, etc), it should be good enough. I always take my glasses off (it reduces the chance of glare).
  2. Maybe. It depends on how old you are and it depends on whether you can prove you didn't do it intentionally. If you are over 31, apparently it will not affect you. Others can chime in here - I'm not an expert (I arrived in the US in my 30s). How old are you? How long have you held your GC?
  3. I can't imagine this has any bearing on anything. Is there something about this on the N-400 or in the Guide to Naturalization?
  4. Well, if you live in a state with taxes you should be doing them - otherwise you are showing "bad character". In general (unless I'm forgetting something very big), you don't have to submit your taxes with the N-400 (you do if you are trying to prove something (like marriage)).

Good luck
 
zack1978 said:
I'm filing my N400 based on marraige to a US citizen (3 years). I can't afford hiring an attorney, I don't have a lot of money to spend and i'm still at school.
I'm seeking the advice of the good fellows here.


Just couple of questions:

1- Pictures: i remember when i applied for my green card, my application was rejected several times because the pic descriptions weren't perfect. My question, can i have my passport size pic taken at EcKard or simliar place or should i seek professional photographer?

2- Selective service: I was required to register with the selective services but did not and i had my GC before i was 26; I did not know about it. will my application be rejected because of that?

3- Federal loans: I'm enrolled in a medical school (3rd year med student) and i have taken over 50000$ of student loans. will this have an impact on my approval.

4-State tax: do i have to submit my state taxes along with my federal taxes for the N-400

Your help is greatly appreciated

thanks guys
Click to expand...

1) As for picture, I would suggest that you seek professional assistance. Your nearest Wall-Greens will do it for $15 within an hour (if there is one in your state.
2) Selective Service: this is big issue. And according to the federal law a person who was supposed to register with the selective service but failed to do so is not eligible for any federal benefits. I am wondering how you got your student loan because schools require that prove that you either were not required to register or you registered.
• Not knowing the law is not good excuse, but a good lawyer my push it through...
3) Unless you defaulted on them, this is not a problem. They take up to the maximum allowable, but for citizenship purposes if you have defaulted on federal loan (meaning you were not able to follow through loan as scheduled for repayment and you were referred to collection) then this is a problem, and may bar you from becoming citizen.
4) Tax: you are supposed to file taxes, and without doing so is also a problem.
 
zack1978 said:
I'm filing my N400 based on marraige to a US citizen (3 years). I can't afford hiring an attorney, I don't have a lot of money to spend and i'm still at school.
I'm seeking the advice of the good fellows here.


Just couple of questions:

1- Pictures: i remember when i applied for my green card, my application was rejected several times because the pic descriptions weren't perfect. My question, can i have my passport size pic taken at EcKard or simliar place or should i seek professional photographer?

2- Selective service: I was required to register with the selective services but did not and i had my GC before i was 26; I did not know about it. will my application be rejected because of that?

3- Federal loans: I'm enrolled in a medical school (3rd year med student) and i have taken over 50000$ of student loans. will this have an impact on my approval.

4-State tax: do i have to submit my state taxes along with my federal taxes for the N-400

Your help is greatly appreciated

thanks guys
Click to expand...
1- Pictures: i remember when i applied for my green card, my application was rejected several times because the pic descriptions weren't perfect. My question, can i have my passport size pic taken at EcKard or simliar place or should i seek professional photographer?
Answer: Go to the USCIS web site. The address is:

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

In the Top right Corner is a link called "Photograph Standards". It is an Adbobe Acrobat document. Read it for information about photot requirements for Naturalization applications.

I got my Naturalization photos at Sears. It cost $16.00 for for four photos. Do not forget to write your full name on the back along with your A #, in pencil.

2- Selective service: I was required to register with the selective services but did not and i had my GC before i was 26; I did not know about it. will my application be rejected because of that?

Answer: Go to the following web site and get a Status Information Letter.

http://www.sss.gov/instructions.html
3- Federal loans: I'm enrolled in a medical school (3rd year med student) and i have taken over 50000$ of student loans. will this have an impact on my approval.
Answer: No impact.

4-State tax: do i have to submit my state taxes along with my federal taxes for the N-400
Answer: If you live in a state that requires you to pay taxes then you have to pay taxes. You generally do not need to take State Income Tax proof to the Naturalization Interview.
 
faysal said:
1)
2) Selective Service: this is big issue. And according to the federal law a person who was supposed to register with the selective service but failed to do so is not eligible for any federal benefits. I am wondering how you got your student loan because schools require that prove that you either were not required to register or you registered.
• Not knowing the law is not good excuse, but a good lawyer my push it through...
QUOTE]

Thanks for the response guys

I did not know about the selective service untill it was too late; I did contact the selective service and got a letter form them and thats ahy i was able to get student loans. I did request another letter from the selective service for my application.
i was just wondering if i submit the SS letter with the application and an explanation of why didn't i register, will this be enough or it won't matter, my application would be rejected anyway?
Should i wait till i'm 31y to file and not deal with the selective service?
would you recommend hiring an attorney based on my situation or i can get it done without one?

thanks
Click to expand...
 
“Federal law requires that men who are at least 18 years old, but not yet 26 years old, must be registered with Selective Service. This includes all male non-citizens within these age limits who permanently reside in the U.S. Men with "green cards" must register. Men living in the U.S. without INS documentation (undocumented aliens) must also register. Men cannot register after reaching age 26.
Non-immigrant men who are in the U.S. temporarily (diplomatic corps, trade mission personnel, men holding valid visitor or student visas, etc.) do not register.
A male non-citizen who first enters the U.S. as a permanent resident after he has already passed his 26th birthday is not required to register because he is over the age limit.
Women do not register because the law does not apply to them.
By registering with Selective Service, a man is not joining the U.S. military. He is only telling the government where he may be contacted if men must be called to serve in the military in a future national emergency. Even in an emergency, not all men would be called, and not all who are called would serve.
If a man fails to register as the law requires, he may not obtain:
U.S. citizenship (when a non-citizen applies for citizenship)
Government jobs
Vocational training (under the JTPA program)
Student loans and grants for college
It takes only a minute to register on-line. You must have a valid Social Security number to register this way. If you are connecting to this Internet site during operating hours, click on "Next" to go to the registration page. Otherwise, try again when the system is available. “


The above quote is the official position of the US government.
“Should i wait till i'm 31y to file and not deal with the selective service?”
Who told you that? Even if you are 50, the problem will be there. Each time you apply for benefits, they are ganna ask you, were you required to register with the selective service when you were 18 to 26, and if the answer is yes and you did not register, the problem is there… You will need to consult with an attorney with a knowledge of this area if you are a male, and if you are female which I suspect is why you got the student loan then you don’t have to worry about it…you are exempt.. you don’t have to worry about the issue…females are not required to register…
 
faysal said:
“Who told you that? Even if you are 50, the problem will be there. Each time you apply for benefits, they are ganna ask you, were you required to register with the selective service when you were 18 to 26, and if the answer is yes and you did not register, the problem is there… You will need to consult with an attorney with a knowledge of this area if you are a male, and if you are female which I suspect is why you got the student loan then you don’t have to worry about it…you are exempt.. you don’t have to worry about the issue…females are not required to register…
Click to expand...


I'm a male, and i was able to get student loans, my shcool told me that i have to request a letter from the Selective service and write a letter to my school explaining why didn't I register. I did that an i was able to get student loan without any problems.
My main concern is with the N400. what are the chances of getting my citizenship if i havn't registered with the SS?
I'v also read in some thread on this forum that suggest, once you are over 31 then you don't have to worry about submitting a letter from the SS.
 
sorry i have to add one more thing

when i've gotten my temporary GC, i was 26y and 2 months old (thats the time i became a permenant residnet)

does that mean that i'm exempted from registering for the selective service or not?

thank you
 
The question is whether you were in the US while you were between 18 and 26 in any way other than a (I believe the term is) "legal non-resident" status.

If you were here illegally, you needed to have registered
If you were here as a resident, you needed to have registered.

However, if you were here only in a legal "non-resident" status like TN or H1B, then you didn't need to have registered.

If you want to read about the older-than-31 policy, read boatbod's posting on another thread that is active today.
 
thank you flydog

I came to the united states when i was 23, on a student visa, got married to a US citizen and became a permenant resident (as shown on my temporary GC) when i was 26y and months old.
 
Zack1978,

Provided that you remained on a valid student visa until you obtained your GC (i.e. were never out of status) then you may not actually have been required to register with the SSA since your GC was obtained after your 26yr birthday.

Either way, you're likely to need a status information letter from the SSA. Sounds like you might already have applied for one?

Here is a link to Part 7 of the Adjudicators Field Guide. It contains a very detailed discussion of the effects of failing to register with the SSA, as well as the age-breakpoints at which different outcomes are possible. I suggest taking a look and digesting what USCIS has to say about the matter. The key paragraph is probably this one;

(C) Applicant Between the Ages of 26 and 31.
In cases where the applicant has filed for naturalization between the ages of 26-31, he no longer has a duty to register with Selective Service [50 USC 453(a)]. However, you can still deny the application if the applicant knowingly and willfully failed to register with Selective Service when he was younger than 26 [50 USC 462(g)]. Note that the burden of proof falls on the applicant to establish that the failure to register was not knowing and willful. See General Counsel Opinion 98-6 and Chapter 72.4 of this manual. The applicant should provide USCIS the status information letter discussed in the memorandum located in Appendix 74-7.

These applicants must establish that they did not knowingly and willfully fail to register, and should be advised to:

• Contact the Selective Srevice and complete the Selective Service's Questionaire Form (Males born after March 29, 1957);
• Receive a 'status information letter' from the Selective Service;
• Send the status information letter to the USCIS as discussed in Appendix 74-7.​
 
Boatbod

thanks for your help

I came to the US when i was 23, on a student Visa. My student visa was for 2 years; after the 2 years i was still at school, and was told that i'm still on an F1 visa even though it has expired as long as i'm in school.
I got married, while i was still at school, applied for my GC and became resident after my 26th birthday. So, I think i was never at an out of status.

I still thought that i was required to register with the SS and thats why I requested the letter from the SS.
After realizing my current situation, i contacted the SS today, and they told me that they need to see my old student visa as well as my I20. so i'm fixing to send them those documents and proof that i did not need to register with the SS
 
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Picture same as in passport.

If you became legal at 23, you need register at selective service.
I did not sumbit any taxes with N-400, but make shure you have them at the interview. People recomend last 3-5 years, my im,of asked only last one.

Good Luck!
 
cinoeye said:
Picture same as in passport.

If you became legal at 23, you need register at selective service.
I did not sumbit any taxes with N-400, but make shure you have them at the interview. People recomend last 3-5 years, my im,of asked only last one.

Good Luck!
Click to expand...

There is definitely no need to register while on valid F1 student visa (or OPT work experience) since these are both legal non-immigrant status, however I'm not familiar with the implications of your student visa expiring while you are still at school.

The only time you need to register with the SSA is when you are between the ages of 18 and 25 (expires on 26th birthday) and:
- you are a Legal Permanent Resident (GC holder)
or
- you are an illegal immigrant, or have gone out of status

It still sounds to me like you will be fine. Hopefully you'll get the status letter soon, and be able to move forward.
 
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