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Citizenship Application: Statute of limitations for failure to register for selective service

El Cajon, CA |

I have been a permanent resident before I turned 18 years old. I never heard about selective service until I had reached the over 25 age limit for registering for it, and thus failed to register.

I've read that once a man reaches a certain age, the failure to register for selective services would no longer be considered when determining good moral conduct for citizenship applications. However, I've read conflicting accounts of what this particular age needs to be.

Is it 31 years and 1 day old, or is it 32 years old? 31 years and 1 day would technically be over the 5 year history requested by the application form, but some accounts say one needs to be 32 years old. Which one is correct?

Would one need a letter from the Selective Service System if one were to apply at the age of 31? What about the age of 32?

Attorney Answers 3


  1. There is no statute of limitations per se. You must prove 5 years of good moral character. Failure to register is generally considered not to be good moral character. The last day you can register is the day before your 26 birthday. Therefore, once you are 31 you should be able to apply.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. It is 31. Good moral character is required for the 5-year period immediately peceding your application for naturalization. If you make a declaration that your failure to register with selective service was not intentional, your appication may still be granted.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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