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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?

Attorney Answers 5

  1. Best answer

    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.

  2. 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.

  3. 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.

  4. 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.

  5. 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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