Help Please! Selective Service Problem

N

ny11023

Registered Users (C)
Hubby just got a selective service status letter stating that he was "required" to register with SSS, but failed to do so. But we sent all the legal documents to SSS showing that he actually turned 26 BEFORE his greencard got approved. We don't understand how they decided that he "should" have registered.

His interview is next month, what is going to happen with such letter from SSS? Anything we can do to fight this decision? Do we need an immigration lawyer?


Your input is greatly appreciated!
 
Last edited by a moderator:
ny11023 said:
Hubby just got a selective service status letter stating that he was "required" to register with SSS, but failed to do so. But we sent all the legal documents to SSS showing that he actually turned 26 BEFORE his greencard got approved. We don't understand how they decided that he "should" have registered.

His interview is next month, what is going to happen with such letter from SSS? Anything we can do to fight this decision? Do we need an immigration lawyer?


Your input is greatly appreciated!
Click to expand...

What visa did he enter USA on before he was 26? was he out of the status before he was 26? If he was out of the status, then it must have triggered to inform SSS that he was required. If he had any non-immigrant visa before 26, then SSS made mistakes or SSS missed it. If he was not out of the status, your husband can show visa status to the interview. Make sure to xerox all passport pages because IO (immigration officer) might need them to verify. If he was not out of status, then I think he will be fine. I doubt IO would ask for selective service letter. Just wait for responses from others in this forum.
 
Is he at least 31? If yes, then the SS registration generally won't matter. Of course, he should still present his case to show that he turned 26 before the green card was approved, and that he was in a valid nonimmigrant status or outside the US before that.
 
same ssr

you got a letter of ssl is ok
now you need one thing with attach this letter affidavit with notrize
write dow your name address and reason why you never register ssr
and little bit explaination you wouldnt deny if provide affidavit b/c i couldnt deny and i got oath letter i hope you get my point
famy
 
Yes, if he was out of status in the U.S. (visitor visa overstay, undocumented immigrant, things like that) between 18 and 26 he should have registered. If he was always under some non-immigrant visa prior to obtaining his Green Card after turning 26 I think he didn't need to register. Why did you get the letter in the first place? You have just complicated your case for free, unless there is an out of status situation it seems you could have gone to the interview and confidently have said that he didn't need to register. Although they might have come after him a few years down the road to denaturalize him for lying in the application ;) Don't worry, the last sentence is an inside joke for another thread we had in the forum talking about denaturalization.

Worse comes to worse go to the interview and explain things in an honest manner, that you think the SSS made a mistake and explain the situation.
 
Hmmm ... do they consider adjustment of status to be NOT a "lawful nonimmigrant" status? Surely it's lawful, but the "nonimmigrant" part isn't so clear.
 
I was thinking about the case where one is let's say on H1-B all through acquiring the Green Card. I am not sure how would this work on some other cases, like Green Cards based on marriage when perhaps the underlying fiancee visa expires while during the adjustment of status. However, it would seem that during that period one is still not an immigrant and most likely doesn't need to register for selective services. Anyway, as that was not my case I don't have a lot of expertise on this.
 
I had to deal with the same problem

I made a mistake and thought i was required to register, and i wasn't

I was on an F1 visa, so i had to get all the evidnce/letters from my school and copies of my paper work...GC etc..

in the end my status was corrected
Just call them and explain it to them
They'll arrange a hearing and discuss your case
 
Thank you everyone for replying!

A few points-

1. The reason we asked for the sss letter was because it was required in his interview letter. So I think the chance is that we can't avoid the question even though hubby is over 31 now.

2. The tricky part: He was at the time waiting for INS's decision on switching his B1 to F1 right before our green card got approved. His B1 expired, but he applied for a changing of visa before that. Is he considered "out of status"?

3. I remember we were in a similar situation right before the gc interview, we had to write a letter to INS explaining all the facts. And his gc got approved. I don't understand why this becomes a problem again.

4. I looked up on the internet. It seems there is no clean cut line about deciding how to decide whether failure to register is "unintentional". It's all up the IO to decide. Even though we think we have a good case to prove at least it was "unintentional", we still prefer to have a bit more assurance before we go in.

Any input/advice is most welcome.
 
ny11023 said:
2. The tricky part: He was at the time waiting for INS's decision on switching his B1 to F1 right before our green card got approved. His B1 expired, but he applied for a changing of visa before that. Is he considered "out of status"?
Click to expand...
Probably yes.

Get a letter from SS saying that they didn't notify him before he was 26 of having register, and use it in support of the position that failure to register was unintentional.

But even if they find that it was intentional, they can't deny him on that basis alone now that he is 31. It would have to be part of a larger pattern of bad behavior.
 
Last edited by a moderator:
Jackolantern said:
Probably yes.

Get a letter from SS saying that they didn't notify him before he was 26 of having register, and use it in support of the position that failure to register was unintentional.

But even if they find that it was intentional, they can't deny him on that basis alone now that he is 31. It would have to be part of a larger pattern of bad behavior.
Click to expand...

Thank you so much Jack! Again great advice from a knowledgable boarder such as you! That's why I keep coming back to this community. I will proceed to request the letter you mentioned.

Regarding the "can't deny him on that basis alone now that he is 31", is there any legislation base for it? I just want to make sure we understand all the possible consequences before we go in. Thank you!
 
Update:

Called SSS again. The rep told me that when one filed for 485, one's required to register. We always thought it should be the day you got your gc. Is this information correct?

Advice please!
 
1) How old was he when he applied for his GC before he got his GC?
2) Was he a US permanent resident before he turned 26?

Remember: The law says that all men living in the United States who are ages 18 through 25 must register, except those who are in valid non-immigrant status (e.g., students, visitors, and people who have been permitted to come to the US for limited periods of time, etc.)

it means All male US citizens, male US permanent residents, and male undocument aliens must register.

Tell your hubby to bring all non-immigrant status to the interview (write down the note of all dates from entry date to present. Each date should be stated with each immigrant status) and make copies of your passport including visas, entry dates, etc.

I think it is possible that it is required for men filed for 485 at ages between 18 and 25 because status was changed from valid non-immigrant status to AOS status (AOS is not a non-immigrant status). so it could be possible that your hubby filed for 485 before he turned 26, and he was required to register. Do you have copies of 485 applications that he filed or copy of I-485 notice showing PD date or notice date or received date? Also show your hubby's green card. but I am not saying the information is correct. I could say it is possible. I am neither an expert nor a laywer. If the SSS rep said it, then trust the SSS.

Don't worry. Your hubby's age is already past 26. he cannot register it now because he is over 31. Past is past. Your hubby should show all documents. just bring everything with him (even he can drive U-haul truck that contains all documents to the interview. :) I doubt Interview officer would ask for SS).
 
Last edited by a moderator:
It seems pretty clear to me that one is not a permanent resident until the I-485 is approved (not he day you get the GC in the mail, but when the application is approved). I don't know why that rep is confused. Here is the page about who needs to register:

http://www.sss.gov/must.htm
 
Huracan said:
It seems pretty clear to me that one is not a permanent resident until the I-485 is approved (not he day you get the GC in the mail, but when the application is approved).

http://www.sss.gov/must.htm
Click to expand...
It is clear that filing an I-485 does not make one immediately into a permanent resident. What is not clear is whether or not they consider AOS to be a status that requires one to register. AOS isn't included in the categories listed in that link.
 
ny11023 said:
Regarding the "can't deny him on that basis alone now that he is 31", is there any legislation base for it?
Click to expand...
See http://www.nilc.org/immlawpolicy/natzcitzshp/nc013.htm
and
http://www.shusterman.com/natz-ss99.html

Applicants Over 31 Years of Age

Failure to register for Selective Service will generally not prevent a man who was over 31 years of age on the day he filed his naturalization application from demonstrating that he is eligible for naturalization. Even if the applicant was required to register and the applicant's failure to register was knowing and willful, the failure occurred outside of the statutory period during which the applicant is required to establish his attachment to the good order and happiness of the United States. The INS may, of course, consider a person's conduct before the beginning of this period. INA § 101(f) (last sentence) and § 316(e). If the INS denies naturalization to a man who is at least 31, based on his failure to register with Selective Service, the decision must state explicitly the basis for finding that the failure to register warrants denial of naturalization. As a practical matter, a male applicant over 31 years of age who failed to register with Selective Service should, ordinarily, be found eligible for naturalization unless INS has other evidence, in addition to the past failure to register, that demonstrates that the applicant is not well disposed to the good order and happiness of the United States.
Click to expand...
 
Last edited by a moderator:
Need Advice for SSL

I will be applying for SS letter in a week, and want your advice. 19 years ago I came on B1 visa and was 24 yrs old, after 6 months I was out of status for next 10 yrs, than I become legal and got my GC and now soon will be applying for USC, after reading this thread, please advice if I should apply SS letter? My reason for not applying will be I was not aware to register, is it a good reason, please advice.
 
Well obviously you are older than 31, so I doubt you'd have a problem with selective services during the interview. The adjudicator's field guide does suggest that you'll still need a SSS letter, but frankly I can't see why given the elapsed time.
 
Thank you, Boatbod, and everyone again.

Just some update here:

My husband got through his interview without any problem last week. The officer did ask him about the sss letter, and asked how old was he when he came to this country (25). Then she didn't ask further questions on the subject. He passed his civic test, and got out in about 15 minutes. He said the IO was nice and courteous.

A couple of our friends also didn't register but passed the exam without problem. So I guess sss is not such a serious issue as we believed. I suppose there are just too many new immigrants who didn't know about this regulation, and USCIS knows. Hope this may ease some minds that are having the same worry.
 
You must log in or register to reply here.
Top