Selective Service Requirements - Question -

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kamlani1

Registered Users (C)
Hello,
I was 20 when I came to US and was on F-1 status, I was 28 when I got my GC and now I am 33 and have applied for naturalization. On the application from, I have put that I did not register for the Selective Service. What should I do, it appears that I was required to register for Selective Service and now my naturalization can be denied.

Thanks,
 
Between 1996 - 2004, I did not maintain my F-1 status and was out of status before I got my permanent status through Immigration judge in 2004?
Any suggestions?
 
Unless you have other violation(s) or crime(s) on record, this shouldn't be an issue for you :

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.


http://www.shusterman.com/natz-ss99.html
 
Thank you for your assistance. I have no criminal record or even traffic citations. Do I even bother getting the Selective Service Record and an affidavit?
 
kamlani1 said:
Thank you for your assistance. I have no criminal record or even traffic citations. Do I even bother getting the Selective Service Record and an affidavit?
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Since your over 31, I wouldn't worry about getting a selective service letter or affidavit.
 
I called SSS today, got through a person after 30 mins of wait on the phone -- she mentioned that they are working on April 15th request for SIL and it'll be a while to get to mine which reached them on May 8th. I'm in a similar boat of being on a student visa during the 18-26 age but there's no harm in getting the letter as it's free and may help somewhere.
 
Rjain2 said:
I called SSS today, got through a person after 30 mins of wait on the phone -- she mentioned that they are working on April 15th request for SIL and it'll be a while to get to mine which reached them on May 8th. I'm in a similar boat of being on a student visa during the 18-26 age but there's no harm in getting the letter as it's free and may help somewhere.
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Being on a student visa is considered being in "lawful non-immigrant" status. The Selective Service question on the N-400 specifically says "except as a lawful non-immigrant". You have absolutely no requirement for a letter from the Selective Service Board.
 
NewRunner said:
Being on a student visa is considered being in "lawful non-immigrant" status. The Selective Service question on the N-400 specifically says "except as a lawful non-immigrant". You have absolutely no requirement for a letter from the Selective Service Board.
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The OP mentioned he was out of status between 1996-2004, and therefore considered other than non-immigrant.
 
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Bobsmyth said:
The OP mentioned he was out of status between 1996-2004, and therefore in a non immigrant status.
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I was responding to Rjain2 who says he was on a student visa which is a lawful non-immigrant status, if he maintained student status.
 
I agree with you that the question is very explicit @ being in lawful non-immigrant status.

I gather that some forum-members have still been asked for a status letter to confirm the same to the IO -- since I gather it's an optional and no-cost document, why not try getting it. There's no harm in requesting it -- earlier the better...
 
NewRunner said:
I was responding to Rjain2 who says he was on a student visa which is a lawful non-immigrant status, if he maintained student status.
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My bad. I agree, if you maintained a non-immigrant status such as F1, it becomes self evident that you weren't required to register in the first place, so a SSR letter is overkill.
 
Bobsmyth said:
My bad. I agree, if you maintained a non-immigrant status such as F1, it becomes self evident that you weren't required to register in the first place, so a SSR letter is overkill.
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Hi everyone.

In couple weeks I will apply for N-400 I have same question regarding the selective service on my application.
I came in 1994 in USA with B2 visa (Visitor )when I was 24 after couple months I had applying political asylum who was pending until 2000 I had been granted by immigration judge.
I had received my GC in 2005 when I was 35.
GC backdate 1 year Resident since 2004 now what will be the answer for selective Service question yes or no?
NB: by the way I do have the status letter since 2005 when I went applying for Post office job.

Thanks.
 
Last edited by a moderator:
douls said:
Hi everyone.

In couple weeks I will apply for N-400 I have same question regarding the selective service on my application.
I came in 1994 in USA with B2 visa (Visitor )when I was 24 after couple months I had applying political asylum who was pending until 2000 I had been granted by immigration judge.
I had received my GC in 2005 when I was 35.
GC backdate 1 year Resident since 2004 now what will be the answer for selective Service question yes or no?
NB: by the way I do have the status letter since 2005 when I went applying for Post office job.

Thanks.
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If you were out of status during the waiting process,you would answer yes. Don't worry,it's a non issue in your case due to your age.
 
Bobsmyth said:
If you were out of status during the waiting process,you would answer yes. Don't worry,it's a non issue in your case due to your age.
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Bobsmyth thanks for your quick respond.
No I wasn't out of status ; because my visa was 6 months before it was expired I had apply Political Asylum and I was received the work Authorization by INS every year. Until 2000 before the Immigration Judge.
So if I understand correctly the answer should be no
 
douls said:
Bobsmyth thanks for your quick respond.
No I wasn't out of status ; because my visa was 6 months before it was expired I had apply Political Asylum and I was received the work Authorization by INS every year. Until 2000 before the Immigration Judge.
So if I understand correctly the answer should be no
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I wouldn't consider a grant of political asylum to be a valid nonimmigrant status.
 
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