Selective Service Question - Again

M

mickyji

Registered Users (C)
Hey Guys:

I know there is enough material on this forum that one can write books on this topic - but mentally slow-responding folks like me still need a little help. Any pointers would be highly appreciated!!

I have been in US from Dec 1997 thru July 2002 on H1-B;
Got GC in July 2002 and was 27 when I got the GC.

I didn't know anything about Selective Service thing until today when I am filing the N400 form and it says this: "Are you a male who lived in the United States at any time between your 18th and 26th birthdays in any status except as a lawful nonimmigrant?". This got me... looks like the answer is "No" here but I wanted to confirm...

Also, I heard one can apply 3 months before the start of 5 years - is this true?

Thanks in advance!
Mg
 
mickyji said:
Got GC in July 2002 and was 27 when I got the GC. The N400 form and it says this: "Are you a male who lived in the United States at any time between your 18th and 26th birthdays in any status except as a lawful nonimmigrant?". This got me... looks like the answer is "No" here but I wanted to confirm...
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The way the question is phrased, it have confused me too when I was filling by N-400. The answer is indeed NO. From your information it seems you did not live in any status except as a Non-immigrant untill your 27th B'day when your immigration petition was approved.

mickyji said:
Also, I heard one can apply 3 months before the start of 5 years - is this true?
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Actually it is 90 days before the date of the 5th Anniversay of your Green Card and not 3 months. I will recommend that you give another week of slack time incase USCIS calcutions (for eligibility dates) do not match yours. USCIS has been known to return the applications even if they were submitted just a few days early (in their opinion).

Good Luck.
 
You guys are awesome!

Thanks koolvik7, Superman -- for the prompt response!

And thanks for the tip - I will wait for a few days to make sure I have crossed the 90-day mark.

Best,
Mg
 
Take printout of the page on sss site

Hi,

I have the same dilemma so I am going to take printout of the sss.gov site eligibility page where they explicitly say that if you were in lawful non immigrant status you never needed to register.

Regarads
 
I recommend getting SIL (status information letter) from the SS folks - see their website (free service). I don't think that printout of the SSS web page will do if IO would ask for the SS registration evidence. But the SIL from the SS folks that says that in YOUR situation you did not have to register will do. Or you can take your chances if you choose to.
 
mickyji said:
Hey Guys:

I know there is enough material on this forum that one can write books on this topic - but mentally slow-responding folks like me still need a little help. Any pointers would be highly appreciated!!

I have been in US from Dec 1997 thru July 2002 on H1-B;
Got GC in July 2002 and was 27 when I got the GC.

I didn't know anything about Selective Service thing until today when I am filing the N400 form and it says this: "Are you a male who lived in the United States at any time between your 18th and 26th birthdays in any status except as a lawful nonimmigrant?". This got me... looks like the answer is "No" here but I wanted to confirm...

Also, I heard one can apply 3 months before the start of 5 years - is this true?

Thanks in advance!
Mg
Click to expand...


In the government’s eyes, the selective service is very important, and it is very troublesome if it is requirement is not met.

As far as your case goes, since you were over 26 at the time you become legal resident, you were not required to register with the service; however, if I were you I would obtain a confirmation letter from the selective service, indicating that you were not required. The best way to do this is to send them a short note detailing your status, when you get it, and under the condition you obtained it, and that you want a confirmation from them.

The USCIS may not require you to produce such confirmation, but I bet you don’t wanna hear the adujicator telling…I could have approved your case, I don’t see any evidence from the selective service…bla..blaa…So to avoid this unpleasant experience, just obtain a confirmation from them…it is easy…simple,,,and puts you on the safe side of the interview game….good luck
 
waitingforins2 said:
Hi,

I have the same dilemma so I am going to take printout of the sss.gov site eligibility page where they explicitly say that if you were in lawful non immigrant status you never needed to register.

Regarads
Click to expand...

As everyone is saying, take Status Information Letter form SSS. It is so easy to get and would remove a big variable out of your Citizenship equation. Again do get a SIL....
 
Bahut Bahut Shukriya

Thanks Bhaiyo..

I again appreciate the prompt responses. Looks like it couldn't hurt getting the letter from SSS.gov

This forum is much more useful than I had imagined.

Bharat mata ki jai!
Mg
 
mickyji said:
Thanks Bhaiyo..

I again appreciate the prompt responses. Looks like it couldn't hurt getting the letter from SSS.gov

This forum is much more useful than I had imagined.

Bharat mata ki jai!
Mg
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Welcome mickyji, Getting a SIL takes about 4 weeks if you follow the instructions and submitt the relevant documents. A tip: SSS is only concerned about your immigration status between the age 18 - 26, not before or after that age range.
 
Sorry, to further clarify what stated above, just so I can understand:

If an illegal aglien becomes a LPR at age 27 or greater, is it acceptable not to have registered with Selective Service?
 
There is an 'if' clause there

From what I gathered, it is OK not to register with SS as long as one was not illegal.

Mg
 
Want2BAmerican said:
Sorry, to further clarify what stated above, just so I can understand:

If an illegal aglien becomes a LPR at age 27 or greater, is it acceptable not to have registered with Selective Service?
Click to expand...

Check out SSS.gov. It seems that illegal aliens in fact ARE required to register (while 18-26 y.o.), but people in non-immigrant visa status ARE NOT.
 
asitel said:
Check out SSS.gov. It seems that illegal aliens in fact ARE required to register (while 18-26 y.o.), but people in non-immigrant visa status ARE NOT.
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You are right asitel, even if someone was in US illegally between the age of 18 - 26, he is/was required to register with the SSS. Only the legal non-immigrants are exempt to register. However, USCIS is congnizant of the fact that about 90% of the illegal aliens do not know about this requirement and the agencey has been known to show liniency during the interview for not fulfilling this requirement. However, this is still a legal requirement, each case is different and so is the immigration officer taking the interview.
 
koolvik7 said:
You are right asitel, even if someone was in US illegally between the age of 18 - 26, he is/was required to register with the SSS. Only the legal non-immigrants are exempt to register. However, USCIS is congnizant of the fact that about 90% of the illegal aliens do not know about this requirement and the agencey has been known to show liniency during the interview for not fulfilling this requirement. However, this is still a legal requirement, each case is different and so is the immigration officer taking the interview.
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If you apply for N-400 after the age of 31, you don't need to worry about SS registration because you're already 5 years past the point when you should have registered, and hence outside the good moral behavior window.
 
boatbod said:
If you apply for N-400 after the age of 31, you don't need to worry about SS registration because you're already 5 years past the point when you should have registered, and hence outside the good moral behavior window.
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Is there any substantiation for this? I have not heard this one before.
 
boatbod said:
If you apply for N-400 after the age of 31, you don't need to worry about SS registration because you're already 5 years past the point when you should have registered, and hence outside the good moral behavior window.
Click to expand...

Very true, thanks boatbod.
 
asitel said:
Is there any substantiation for this? I have not heard this one before.
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There is a good discussion of the implications of failing to register for selective services in the USCIS Adjudicators Field Manual.

Extract of the relevant section (emphasis added)
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 ma y, 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. ​
 
boatbod said:
There is a good discussion of the implications of failing to register for selective services in the USCIS Adjudicators Field Manual.

Extract of the relevant section (emphasis added)
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 ma y, 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...

Thanks!
 
are H1b copies enough for SIL

I am applying for SIL and I am attaching my H1B copies to show I was legal non immigrant till I reached age 26. Is this enough?(I dont seem to have my I94..is the copy of passport/visa and entry stamp pages good enough?)

Just as a background..I entered US at 25 got my GC at 31 and applying N400 at 36.

Thanks for the help.
 
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