Need advice on N-400 application.

[gazr]

OK...First post. Will try and make this short and sweet. I came to the US in May 1998 from the UK on a waiver visa. I then got married in September 98 (still married ) and applied for PR . I can't remember what status I was from that time until I got my PR in 03/2000.

My PR expires 01/2014. I can just wait and re-apply for PR, but it look like I should have applied for citizenship a long time ago (cost wise, it would make sense for me for apply for citizenship, but must do so before 6 month of my PR expiring). Should I file under the 5 year or 3 year rule? My wife and I have separate bank accounts, but have always filed taxes jointly, even though I have not worked for the last 5 years as my wife is disabled and I stay home and look after her. Personally, I would like to file under the 5 year rule, but I obviously obtained PR through marriage.

The 'Selective Service' part of the form is also bugging me- I came to the US when I was 23 (now 38). I was never told I had to register and as I don't know my status until I got my PR, I don't know if I need to get a letter from them.

<edit>I am very bad at keeping important stuff up to date. As I never had the need to go abroad (except for one time in 2004 to the UK), my passport is LONG expired. Obtaining a new one will probably take longer than I have to file and appear for a interview and requires me to send the expired passport. What should I do?</edit>

Any help is greatly appreciated. Luckily I have 1 month to get this sorted out.

 

[Jackolantern]

If you qualify for both the 5 year and 3 year rules, it's better to choose the 5-year option unless there is a potentially disqualifying issue more than 3 years ago but less than 5 years which would be helped by using the 3 year rule. An example of that would be if you committed a misdemeanor 3.5 years ago. Under the 5 year rule that incident would fall within the statutory period for good moral character, but with the 3-year rule the incident would be outside the statutory period.

But without specific circumstances like that, choose the 5-year rule, as it's less paperwork for you and less scrutiny on your marriage.

You became an LPR as an adult male under the age of 26, so you were required to register for Selective Service. Since 2000 or maybe a few years before that, they've been automatically registering males for Selective Service as part of the green card process if they're within the specified age range, so you probably were registered. Check the Selective Service web site to see if you're registered. If the web site doesn't show your registration, call them and they can search for additional records which are not available on the web site.

Even if it turns out that your not registered, it shouldn't be a problem anyway because now you're over 31.

 

[WBH]

Even if it turns out that your not registered, it shouldn't be a problem anyway because now you're over 31.

If he got his and did not register before his 26th birthday, he still needs to give a good excuse why he did not register.
For people who failed to register and are now too old to register, some civil benefits like getting certain federal jobs
are permanently lost. Fortunately citizenshio is not the case but a good explanation is needed

 

[Jackolantern]

If he got his and did not register before his 26th birthday, he still needs to give a good excuse why he did not register.
For people who failed to register and are now too old to register, some civil benefits like getting certain federal jobs
are permanently lost. Fortunately citizenshio is not the case but a good explanation is needed

For citizenship no explanation is necessary other than "I am over 31".

 

[Jackolantern]

I am very bad at keeping important stuff up to date. As I never had the need to go abroad (except for one time in 2004 to the UK), my passport is LONG expired. Obtaining a new one will probably take longer than I have to file and appear for a interview and requires me to send the expired passport. What should I do?

The naturalization interview will be at least 2.5 months after you apply. Do you think it will take longer than that to renew your passport?

It's not required to have a valid passport anyway. If you're not renewing it before the interview, simply bring the expired passport to the interview.

 

[WBH]

For citizenship no explanation is necessary other than "I am over 31".

Is that immigration court decision? If statute of limitation for failure to register is more than 5 years(i.e. longer than
good moral charcater statutory period), then maybe a letter from Seletive Service is needed because in theory
they can still press criminal charges against failure to register

 

[gazr]

Thanks everyone for your quick replies and advise.

I will go ahead and file using the 5 year option. I will also get my passport sorted- I looked into before and think it takes roughly 6 weeks for the UK Embassy/UK Passport office to send a reissue. Lastly I will call about Selective Service and see what's up with that- I know "ignorance is bliss" is not an excuse but seriously, why did INS or SOS not inform me of this obligation- it's not like I would have objected.

 

[Jackolantern]

Is that immigration court decision? If statute of limitation for failure to register is more than 5 years(i.e. longer than good moral charcater statutory period), then maybe a letter from Seletive Service is needed because in theory
they can still press criminal charges against failure to register

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-25488/0-0-0-32728.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.

Other over-31 applicants who didn't register have posted that the interviewer basically skipped over that question. If the interviewer said anything, it's something like "OK, I see you're over 31" and then they move on to the next question.

 

[WBH]

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-25488/0-0-0-32728.html


Other over-31 applicants who didn't register have posted that the interviewer basically skipped over that question. If the interviewer said anything, it's something like "OK, I see you're over 31" and then they move on to the next question.

For applicants based on 3 year marriage, is the criterion 29 years old since failure to register is out of the 3 year statutory period
by 29?