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US Citizenship Form N-400, Question #33

San Francisco, CA |

I was born in Canada, received my US Green Card at the age of 20 and moved to the US at the age of 22. I am now 27 and applying for my US Citizenship.

On Form N-400, Question #33 I answer YES because I did not register for the Selective Service where I was never advised of the requirement. Will I get denied if I submit now?

My understanding is that my best options are to:
1. include an Affidavit saying that I did not know I was required to register with the Selective Service.
2. request a Status Information Letter from the Selective Service for reason why I failed to register.
3. once the letter from #2 is received provide that during the interview (or during N-400 form submission?)

Are my thoughts correct? Am I missing anything? Do I simply need to wait until age 32?

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Attorney answers 2


Depending on the particular USCIS local office's policy which could differ from city to city, state state, you have a great chance of being denied, except that San Francisco is a very liberal jurisdiction (in asylum matters, etc) and it will all boil down to whether or not the USCIS officer will want to buy into your reasons for having failed to register.. You never know until you actually try during the interview.. The adjudicating officer and his/her supervisor have a lot of discretion in this ..

Take with you to the interview a local immigration lawyer who knows the workings and politics of the SF district office well and who is well k own and liked there, can definitely help.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Your are right on track. I have been submitting the affidavits for 16 years and never once had a case denied because of selective service issues. Did you ever attend a public institution of higher learning and apply for a federal student loan or aid? If yes, you may have automatically been enrolled by submitting the forms, as one must check off the selective service box to receive financial aid. Quite frankly even though they advise to request a status information letter, they don't come in time and only once, years ago, did an officer actually ask for one but approve it anyway without the letter. So it's a good idea and bring the form you completed but if they don't respond, it's not fatal. I do the affidavit and attach the screen shot with the applicant's name and social that states no record found. I would be glad to help Law Office if Marcia I. Perez (415) 291-8122.

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