What Happens If You Do Not Register With Selective Service?

How failing to register for Selective Service creates a trouble for men filing Form N-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 Role 12 of Form North-400, Application for Naturalization.

Men betwixt 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. denizen. But how does failing to register for selective service affect ane'due south eligibility for naturalization? Will Form North-400 be denied if the bidder 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 N-400

According to U.S. law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service can accept a tardily registration but not later a man has reached his 26th altogether. This requirement applies to citizens, permanent residents, refugees, asylees, and even undocumented aliens. It does not utilize to women or foreign nationals in the U.s. with not-immigrant visas (due east.g. tourists, students, business organization, etc.).

Registering does not mean y'all are joining the military. The U.S. does non have a drafted military; the determination to join the military is entirely voluntary. The Selective Service maintains a list of names in case there is a national emergency requiring rapid expansion of the armed services.

Citizenship Problem Created past Failing to Register for Selective Service

Several federal benefits can exist denied to someone that has failed to register for Selective Service, including U.S. citizenship. Deliberately avoiding registration or fifty-fifty not knowing to annals can create a significant problem for a male permanent resident that wants to naturalize equally a U.S. citizen.

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 fastened to the principles of the Constitution of the United states of america and well disposed to the good club and happiness of the United states of america during the statutorily prescribed menstruation."

Further, the transmission makes it clear that "an applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the skillful order and happiness of the U.s., attachment to the principles of the Constitution, skilful moral graphic symbol, and willingness to deport arms on behalf of the Usa. "

What Happens to Someone that Failed to Annals for Selective Service

Applicants Under the age of 26

Applicants for U.South. citizenship nether the historic period of 26 should expect to have Form N-400 denied if they cull non to annals for Selective Service. By making the decision non to annals, the applicant is willfully failing to run into 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 least age eighteen and nether the historic period of 26, tin take action now to correct the problem. They tin easily register for Selective Service by visiting world wide web.sss.gov. Not sure if you have registered? Applicants can even create an instant Official Letter of Verification to get proof.

Applicants Between 26 and 31 Years of Age

N-400 applicants betwixt 26 and 31 years of age may be ineligible for U.South. citizenship. Once more, applicants that "knowingly and willfully failed to register" or only refused to annals for Selective Service, should expect to accept Course N-400 denied. On the other hand, USCIS will allow the bidder an opportunity to bear witness that he did not knowingly or willfully fail to annals, or that he was not required to exercise so.

Even if the reason for not registering was innocent, many immigration attorneys propose 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.S. citizen). The reasoning is that the applicant must bear witness five years (or iii years respectively) of good moral graphic symbol.

Applicants under the age of 31 that want to proceed with naturalization (rather than waiting) may do so. The applicant volition need to present evidence that declining to annals for selective service was an innocent oversight and that he did non "willfully" avoid the requirement. Applicants should submit the post-obit iii items with Form North-400:

Status Information Letter from Selective Service
A Status Information Alphabetic character 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 letter. Request a Status Information Letter of the alphabet.
Sworn Annunciation from Applicant
This signed argument explains why you did non avoid the Selective Service and why the nature is innocent.
Sworn Proclamation from Supporter(s)
This signed argument is most effective if provided past people of authorisation such as a teacher or pastor. The letter should support your explanation of what happened to result in your not knowing you lot were supposed to annals.

Many people have successfully naturalized by addressing the requisite good moral graphic symbol in this manner. For the best results, ever speak with an clearing attorney commencement.

Applicants Over 31 Years of Age

Failure to annals for Selective Service does not foreclose a man who was over 31 years of age from demonstrating that he is eligible for naturalization. This is because the bidder's failure to annals would exist outside of the statutory v-year catamenia during which the bidder must show that he is of proficient moral character and disposed to the good club and happiness of the Us. (Annotation: The applicant must exist 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 Transmission, 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 non make him ineligible for naturalization because he is age 31 or older.

Mostly, USCIS should not inquire applicants who are age 31 or older to provide a status information letter. All the same, if asked for such a letter of the alphabet, the applicant may submit this formal alphabetic character from the SSS to address the situation.

Seeking Legal Advice After Declining to Register for Selective Service

Failing to register for Selective Service can be grounds for USCIS to deny Grade N-400, Awarding for Naturalization. Many immigration attorneys will recommend that their clients wait until age 31 to apply to ensure five years of proficient moral graphic symbol.

Applicants between 26 and 31 years of age should contact an clearing attorney earlier filing Grade N-400, Application for Naturalization. Although the applicant may prepare sworn declarations on his own, the guidance of an experienced attorney will always be more successful.

RECOMMENDED: 5 Common Reasons Course Northward-400 Gets Denied

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