What Happens If You Fail To Register For Selective Service

How failing to register for Selective Service creates a problem for men filing Grade Northward-400, Application for Naturalization

n-400 failing to register for selective service

Permanent resident men are commonly surprised when they stumble upon Question 44 in Function 12 of Course North-400, Awarding for Naturalization.

Men between the ages of 18 and 26 are expected to annals for the Selective Service and provide proof for the purposes of naturalizing as a U.S. citizen. But how does failing to register for selective service affect one'south eligibility for naturalization? Will Form Northward-400 be denied if the applicant has non registered? There are numerous questions that this commodity addresses based on a review of the USCIS policy transmission.

Selective Service Requirement on Grade North-400

According to U.S. law, a human must annals with Selective Service within thirty days of his 18th birthday. Selective Service can accept a late registration only not afterwards a man has reached his 26th altogether. This requirement applies to citizens, permanent residents, refugees, asylees, and fifty-fifty undocumented aliens. It does not utilize to women or strange nationals in the U.s.a. with non-immigrant visas (e.g. tourists, students, business, etc.).

Registering does not mean you are joining the military machine. The U.S. does not accept a drafted military; the conclusion to join the military is entirely voluntary. The Selective Service maintains a listing of names in case at that place is a national emergency requiring rapid expansion of the military machine.

Citizenship Trouble Created by Failing to Register for Selective Service

Several federal benefits tin exist denied to someone that has failed to register for Selective Service, including U.S. citizenship. Deliberately avoiding registration or even not knowing to register can create a significant trouble for a male permanent resident that wants to naturalize every bit a U.S. denizen.

failing to register for selective service, naturalization

According to Chapter 7 of the USCIS Policy Manual, "An applicant for naturalization must show that he or she has been and continues to be a person attached to the principles of the Constitution of the United States and well disposed to the good club and happiness of the United states during the statutorily prescribed menstruation."

Further, the manual makes information technology clear that "an applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the proficient order and happiness of the U.s., attachment to the principles of the Constitution, proficient moral grapheme, and willingness to comport arms on behalf of the Usa. "

What Happens to Someone that Failed to Register for Selective Service

Applicants Under the age of 26

Applicants for U.S. citizenship nether the historic period of 26 should expect to have Form North-400 denied if they choose not to register for Selective Service. By making the decision not to register, the applicant is willfully failing to meet this obligation, and the USCIS officer will be forced to deny the Due north-400 application based on the bidder'due south moral character.

Applicants that are least age 18 and under the age of 26, can take action now to right the problem. They tin easily register for Selective Service by visiting www.sss.gov. Non certain if y'all have registered? Applicants can even create an instant Official Letter of Verification to go proof.

Applicants Between 26 and 31 Years of Age

N-400 applicants between 26 and 31 years of age may exist ineligible for U.S. citizenship. Over again, applicants that "knowingly and willfully failed to register" or but refused to register for Selective Service, should wait to have Form Due north-400 denied. On the other hand, USCIS will allow the applicant an opportunity to show that he did not knowingly or willfully fail to register, or that he was not required to practice so.

Even if the reason for non registering was innocent, many clearing attorneys suggest information technology is better to wait until age 31 (if applying based on five years of permanent residence) or 29 (if applying based on three years of permanent residence while married to a U.Due south. citizen). The reasoning is that the applicant must prove v years (or three years respectively) of practiced moral character.

Applicants under the age of 31 that desire to proceed with naturalization (rather than waiting) may exercise so. The applicant will demand to present evidence that failing to register for selective service was an innocent oversight and that he did non "willfully" avoid the requirement. Applicants should submit the following 3 items with Form N-400:

Status Information Letter from Selective Service
A Status Information Letter from the Selective Service states that you are over-age and therefore no longer required to register. USCIS will refuse to consider your situation without this alphabetic character. Request a Status Information Alphabetic character.
Sworn Declaration from Applicant
This signed argument explains why you did not avoid the Selective Service and why the nature is innocent.
Sworn Proclamation from Supporter(s)
This signed argument is about constructive if provided by people of dominance such equally a teacher or pastor. The letter should support your explanation of what happened to consequence in your not knowing yous were supposed to register.

Many people have successfully naturalized past addressing the requisite good moral character in this way. For the all-time results, e'er speak with an immigration attorney first.

Applicants Over 31 Years of Age

Failure to register for Selective Service does not forestall a human who was over 31 years of age from demonstrating that he is eligible for naturalization. This is because the applicant's failure to register would exist outside of the statutory five-year catamenia during which the applicant must show that he is of practiced moral character and disposed to the good order and happiness of the United States. (Note: The bidder must exist at to the lowest degree 31 years of historic period on the day Form N-400 is mailed to USCIS to create the five years of permanent residence since turning 26.) In accordance with the USCIS Policy Manual, applicants for naturalization who are over historic period 31 are eligible for naturalization even if they knowingly and willfully failed to register. Thus a man'southward failure to register with Selective Service does not make him ineligible for naturalization considering he is age 31 or older.

Generally, USCIS should not enquire applicants who are historic period 31 or older to provide a status data letter. However, if asked for such a alphabetic character, the applicant may submit this formal letter from the SSS to address the state of affairs.

Seeking Legal Communication Later on Failing to Register for Selective Service

Declining to register for Selective Service can exist grounds for USCIS to deny Grade N-400, Awarding for Naturalization. Many clearing attorneys will recommend that their clients wait until historic period 31 to utilize to ensure v years of good moral character.

Applicants between 26 and 31 years of age should contact an immigration attorney before filing Form Northward-400, Application for Naturalization. Although the applicant may prepare sworn declarations on his own, the guidance of an experienced attorney will always exist more successful.

RECOMMENDED: 5 Common Reasons Form N-400 Gets Denied

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