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N-400 form. Selective Service questions.

Boca Raton, FL |

I moved to US in 1998 when I was 21 years old and was a "VISA overstayer" until I was 32., I'm now 37. I'm finally eligible to apply for citizenship after 5 years of being granted permanent residency. How does this "Selective Service" thing apply to me? Question 46 on the N400 form says: Are you a male who lived int the US at any time between your 18th and 26th birthday? Should I say Yes or No? If yes is the right answer, what should I do about the registration with the selective service since I had no idea I needed to register?
Regards.

Attorney Answers 5

Posted

It is asking whether you were a permanent resident in the US between your 18th and 26th birthday. Although you were in the United States, if you did not have permanent resident status during those dates, it does not apply to you.

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Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

I have to respectfully disagree with this. Unless an alien is maintaining lawful nonimmigrant status, all males between the ages of 18 and 26 are required to register with Selective Service, including those unlawfully present in the U.S. The registration requirement is not limited to only permanent resident aliens.

Maria Vladimirovna Davydova

Maria Vladimirovna Davydova

Posted

You are correct and I should clarify my answer. If the visa overstay occured prior to age 26, the answer will be yes. However, since the applicant is over 31 at the time of filing the N409, in accordance with USCIS field office guidance, failure to register will not affect his eligibility for naturalization and he has no obligation to provide evidence that the failure to register was not willful or knowing.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Yes, since the failure to register occurred outside the good moral character period, failure to register, by itself, would generally not be disqualifying. However, it may still be considered by USCIS if there are other issues pertaining to the applicant's good moral character in a totality of the circumstances test.

Posted

The answer to the question is yes. However, you are now beyond the required registration age and because you were in unlawful status until 32, you were not eligible to register. It should not adversely impact your naturalization eligibility.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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Posted

You explain that you are now beyond the age of which it is required to register for selective service.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

No. You must have been an LPR to register when you were under 24 years of age.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

I have to respectfully disagree with this. Unless an alien is maintaining lawful nonimmigrant status, all males between the ages of 18 and 26 are required to register with Selective Service, including those unlawfully present in the U.S. The registration requirement is not limited to only permanent resident aliens.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Mr. Devore's comment is absolutely correct. Here is what the rule is: If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636. Hence, he is correct and I was wrong. My bad. Sorry.

Posted

Under these facts you were required to register with Selective Service if you were not maintaining lawful nonimmigrant status between the ages of 18 and 26. Generally speaking, failure to register for selective service is considered indicative of proof moral character.

However, since more than 5 years has past since the registration requirement ended (at age 26), absent extenuating circumstances, failure to register is generally speaking considered not to be disqualifying. Consult with a Board Certified Immigration Attorney for advice specific to your situation.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.

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