What Happens If I Never Registered For Selective Service
How failing to annals for Selective Service creates a trouble for men filing Form Northward-400, Application for Naturalization
Permanent resident men are commonly surprised when they stumble upon Question 44 in Role 12 of Form Northward-400, Application for Naturalization.
Men between the ages of 18 and 26 are expected to register for the Selective Service and provide proof for the purposes of naturalizing as a U.South. denizen. But how does failing to register for selective service affect 1's eligibility for naturalization? Volition Class North-400 be denied if the applicant has not registered? There are numerous questions that this article addresses based on a review of the USCIS policy transmission.
Selective Service Requirement on Form Due north-400
Co-ordinate to U.Southward. constabulary, a man must register with Selective Service inside 30 days of his 18th altogether. Selective Service can take a belatedly registration but not after a man has reached his 26th birthday. This requirement applies to citizens, permanent residents, refugees, asylees, and even undocumented aliens. Information technology does non apply to women or foreign nationals in the United States with not-immigrant visas (east.g. tourists, students, business organization, etc.).
Registering does not hateful you are joining the military. The U.S. does not have a drafted military; the conclusion to bring together the military is entirely voluntary. The Selective Service maintains a list of names in case in that location is a national emergency requiring rapid expansion of the armed forces.
Citizenship Problem Created by Declining to Annals for Selective Service
Several federal benefits can be denied to someone that has failed to annals for Selective Service, including U.S. citizenship. Deliberately avoiding registration or even non knowing to register can create a significant trouble for a male permanent resident that wants to naturalize as a U.S. citizen.
According to Chapter 7 of the USCIS Policy Transmission, "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 adept order and happiness of the United States during the statutorily prescribed period."
Further, the transmission makes information technology clear that "an bidder who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the good order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear artillery on behalf of the The states. "
What Happens to Someone that Failed to Register for Selective Service
 | Applicants Under the historic period of 26Applicants for U.South. citizenship under the age of 26 should look to have Class N-400 denied if they choose not to register for Selective Service. By making the conclusion not to register, the bidder is willfully declining to meet this obligation, and the USCIS officer volition exist forced to deny the N-400 application based on the applicant's moral character. Applicants that are to the lowest degree historic period xviii and under the historic period of 26, tin take activity now to correct the problem. They can easily annals for Selective Service by visiting world wide web.sss.gov. Not sure if you take registered? Applicants can even create an instant Official Letter of Verification to get proof. |
| | Applicants Between 26 and 31 Years of Historic periodN-400 applicants between 26 and 31 years of historic period may be ineligible for U.Due south. citizenship. Again, applicants that "knowingly and willfully failed to annals" or merely refused to register for Selective Service, should expect to have Course North-400 denied. On the other manus, USCIS will let the applicant an opportunity to testify that he did not knowingly or willfully fail to register, or that he was not required to do so. Even if the reason for non registering was innocent, many clearing attorneys advise it is better to wait until age 31 (if applying based on 5 years of permanent residence) or 29 (if applying based on three years of permanent residence while married to a U.S. citizen). The reasoning is that the applicant must prove 5 years (or three years respectively) of good moral character. Applicants under the historic period of 31 that want to go on with naturalization (rather than waiting) may practice and so. The applicant will need to nowadays prove that failing to register for selective service was an innocent oversight and that he did not "willfully" avoid the requirement. Applicants should submit the post-obit three items with Form N-400:
Many people have successfully naturalized by addressing the requisite good moral graphic symbol in this manner. For the best results, always speak with an immigration attorney first. |
| | Applicants Over 31 Years of AgeFailure to annals for Selective Service does not forestall a man who was over 31 years of historic period from demonstrating that he is eligible for naturalization. This is because the applicant's failure to annals would exist outside of the statutory five-year period during which the bidder must show that he is of good moral character and disposed to the good order and happiness of the United States. (Note: The applicant must be at to the lowest degree 31 years of age on the day Class 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 age 31 are eligible for naturalization even if they knowingly and willfully failed to register. Thus a man's failure to register with Selective Service does not make him ineligible for naturalization because he is age 31 or older. More often than not, USCIS should non ask applicants who are age 31 or older to provide a status data letter of the alphabet. Notwithstanding, if asked for such a alphabetic character, the applicant may submit this formal letter of the alphabet from the SSS to address the state of affairs. |
Seeking Legal Advice After Failing to Annals for Selective Service
Failing to register for Selective Service can be grounds for USCIS to deny Form N-400, Application for Naturalization. Many clearing attorneys will recommend that their clients wait until age 31 to apply to ensure five years of good moral graphic symbol.
Applicants between 26 and 31 years of age should contact an clearing attorney before filing Grade N-400, Application for Naturalization. Although the applicant may fix sworn declarations on his own, the guidance of an experienced attorney will e'er exist more than successful.
RECOMMENDED: v Common Reasons Form N-400 Gets Denied
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