Selective Service Question

[asylee_boy]

Hello all,
I have a Selective Service registration question for a friend of mine. I would appreciate any help. He is getting ready to file N400 for Citizenship. He came into US in 1995 at the age of 23 and was illegal until 1999 when he got asylum approved. He filed for GC in 2000 when he was 28 years old. He did not register when he came because he was not aware and even his lawyer failed to suggest. Now he is 40 and wants to apply for citizenship. My question is, I know the 31 year rule applies to him but should we select yes on Q33 for selective service, that he was supposed to apply but failed and explain in a letter the reason or just select no as he was 28 when he applied for GC.

I would really appreciate the effort.

 

[Jackolantern]

Because he was illegally present for some time between 18 and 26, he was required to register and should answer YES to that Selective Service question.

But he won't need to provide a written explanation, because the interviewer won't care about it due to him being over 31.

 

[BigJoe5]

Hello all,
I have a Selective Service registration question for a friend of mine. I would appreciate any help. He is getting ready to file N400 for Citizenship. He came into US in 1995 at the age of 23 and was illegal until 1999 when he got asylum approved. He filed for GC in 2000 when he was 28 years old. He did not register when he came because he was not aware and even his lawyer failed to suggest. Now he is 40 and wants to apply for citizenship. My question is, I know the 31 year rule applies to him but should we select yes on Q33 for selective service, that he was supposed to apply but failed and explain in a letter the reason or just select no as he was 28 when he applied for GC.

I would really appreciate the effort.

If he immediately applied for asylum upon entry at age 23 and it remained pending until he was 26 or older then he was not "unlawfully present" or "illegal" as you put it. IF that is how it was, then he had a quasi-status akin to "nonimmigrant" and was not required to register.

That said, IF he entered illegally and without inspection and only sought asylum AFTER being placed in Removal Proceedings, he may have been unlawfully present and was required to register. This seems highly unlikely given entry in 1995 and asylum granted in 1999. Also, did he actually enter on a visa (such as a tourist or student visa)? That also would negate any requirement to register for selective service.