Bobysmith,
Your advice rocks!!!! We are lucky that you are around here.
Thanks,
Why-R
Selective Service Registration.... FAQ
- Thread starter asfasf
- Start date
Your advice rocks!!!! We are lucky that you are around here.
Thanks,
Why-R
"Alien residents" can be either non-immigrants or immigrants, which is why it is important to make the distinction. The actual SSS table indicates that lawful non-immigrants do NOT have to register. Even though H and L visa categories are not listed in the parenthetical example, H and L are lawful non-immigrant alien residents.
That's incorrect. Non-immigrants and immigrants are both aliens, but from an immigration standpoint resident aliens are immigrants and non-immigrants are considered to be non-resident aliens.
Note that the selective service table places immigrants and non-immigrants under the Alien category and not as Alien Residents.
I could argue the semantics here till the cows come home, but the question is whether a lawful non-immigrant has to register for selective service, regardless of age. The answer to that question is No. This is further described in the SSS table in the footnotes.
On the separate semantical question about resident and non-resident aliens: try telling the USCIS that you are a non-resident alien when you have an H or L type visa. You are considered a resident alien when you have an H or L visa, but you are also considered a lawful non-immigrant. It is my understanding that for immigration purposes, and you can go read the INA, USCIS only categorizes aliens as being "immigrants", "nonimmigrants", and "undocumented aliens". The concept of resident and non-resident may primarily be an IRS categorization.
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This has nothing to do with semantics; It's what USCIS defines as an alien resident.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84578fa29935f010VgnVCM1000000ecd190aRCRD
As a LPR undergoing the naturalization process, if you ever declared yourself as a non-resident alien for tax purposes during the statutory period you can be denied for breaking US residency ties, not for not meeting physical presence requirement. Declaring yourself as a non-resident alien for tax purposes has nothing to do with USCIS' physical presence determination.
Again, refer to the USICS link. It clearly defines what a resident alien is.
The term resident and non-resident are used by both USCIS and IRS. However, they are defined according to their context (immigration vs tax.)
There are definitions and there are definitions and the link you provided is not a definition. It actually points to three separate definitions used in the context of "Resident Alien", none of which make any reference or connection to the term "lawful non-immigrant". In other words I am not sure in the immigration context whether the term exists. I have searched the Immigration and Nationality Act, which basically provides USCIS its entire reason for existence, and I haven't found "Resident Alien" and "Non-Resident Alien" as immigration terms in the law.
You are right about the implications of breaking US residency ties in the context of paying taxes, and the effects that will have on a naturalization petition. I was incorrect to tie it to the "physical presence" context of naturalization requirements.
<ego venting deleted>
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The USCIS link lists "Alien Resident" as Permanent, Conditional and Returning Residents, all immigrant categories. Furthermore, the definitions of INA 101 and 8 USC 1101 clearly make the distinction between immigrant and non-immgrant categories based on their residence.
non-immgrant
"...an alien having a residence in a foreign country which he has no intention of abandoning..."
Therefore, a non-immigrant is considered to be a resident of a foreign country, not of the US, hence the term alien non-resident applies specificaly to non-immigrants.
I'm not really sure what your past forum history has to do with the discussion of non-immigrant vs immigrant definition except to suggest the need for ego venting.
non-immgrant
"...an alien having a residence in a foreign country which he has no intention of abandoning..."
Therefore, a non-immigrant is considered to be a resident of a foreign country, not of the US, hence the term alien non-resident applies specificaly to non-immigrants.
I'm not really sure what your past forum history has to do with the discussion of non-immigrant vs immigrant definition except to suggest the need for ego venting.
This was your original clarification of my response to the OP.
If your point is that "alien residents" are only immigrants, then non-immigrants have absolutely no obligation to register with selective service.
So any male who was a "non-resident alien" between the ages of 18 and 26 should have to obtain absolutely nothing from SSS.
I believe this was the only point I was trying to make with my original posting. I think a lot of people contact SSS for clarification when they didn't need to register with SSS in the first place.
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FriscoDude
Registered Users (C)
Yes, you are right, and that's actually my case, and I believe that's what the question states anyway: Were you living in any status between the age of 18-26 except as a lawful non-immigrant.
I asked the SSS a status letter, but I believe I do not need it since I wasn't living in the US as a permanent resident between 18 and 26. I haven't received the letter yet but I don't think it's a big deal since I wasn't required to register in the first place.