What Is Evidence Of Selective Service Registration For Naturalization Interview

How failing to register for Selective Service creates a problem for men filing Course Northward-400, Awarding for Naturalization

n-400 failing to register for selective service

Permanent resident men are unremarkably surprised when they stumble upon Question 44 in Role 12 of Form Due north-400, Application for Naturalization.

Men between the ages of 18 and 26 are expected to register for the Selective Service and provide proof for the purposes of naturalizing equally a U.S. citizen. Simply how does failing to register for selective service affect 1's eligibility for naturalization? Will Form Due north-400 be denied if the applicant has not registered? There are numerous questions that this article addresses based on a review of the USCIS policy manual.

Selective Service Requirement on Course N-400

Co-ordinate to U.S. law, a man must register with Selective Service inside 30 days of his 18th birthday. Selective Service can accept a late registration simply non later on a man has reached his 26th birthday. This requirement applies to citizens, permanent residents, refugees, asylees, and even undocumented aliens. Information technology does not apply to women or foreign nationals in the United States with not-immigrant visas (e.g. tourists, students, business, etc.).

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

Citizenship Problem Created by Failing to Register for Selective Service

Several federal benefits can be denied to someone that has failed to register for Selective Service, including U.South. citizenship. Deliberately avoiding registration or fifty-fifty not knowing to register tin can create a significant trouble for a male permanent resident that wants to naturalize as a U.S. denizen.

failing to register for selective service, naturalization

Co-ordinate to Affiliate 7 of the USCIS Policy Transmission, "An applicant for naturalization must show that he or she has been and continues to exist a person fastened to the principles of the Constitution of the U.s.a. and well tending to the good guild and happiness of the United states of america during the statutorily prescribed flow."

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 proficient order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear arms on behalf of the United States. "

What Happens to Someone that Failed to Annals for Selective Service

Applicants Under the age of 26

Applicants for U.Due south. citizenship under the age of 26 should expect to have Grade North-400 denied if they choose not to annals for Selective Service. By making the decision not to annals, the bidder is willfully failing to meet this obligation, and the USCIS officer will exist forced to deny the N-400 application based on the applicant's moral grapheme.

Applicants that are least historic period xviii and nether the age of 26, can accept activity at present to correct the problem. They tin can easily register for Selective Service past visiting www.sss.gov. Not sure if you have registered? Applicants tin can even create an instant Official Letter of Verification to get proof.

Applicants Betwixt 26 and 31 Years of Age

Due north-400 applicants betwixt 26 and 31 years of historic period may exist ineligible for U.Southward. citizenship. Once more, applicants that "knowingly and willfully failed to register" or simply refused to register for Selective Service, should expect to have Grade North-400 denied. On the other hand, USCIS volition allow the applicant an opportunity to show that he did not knowingly or willfully fail to register, or that he was not required to do so.

Even if the reason for not registering was innocent, many immigration attorneys advise it is improve to wait until age 31 (if applying based on five years of permanent residence) or 29 (if applying based on iii years of permanent residence while married to a U.South. citizen). The reasoning is that the applicant must prove 5 years (or three years respectively) of good moral graphic symbol.

Applicants nether the historic period of 31 that want to proceed with naturalization (rather than waiting) may practise and so. The applicant will need to present show that failing to register for selective service was an innocent oversight and that he did not "willfully" avoid the requirement. Applicants should submit the post-obit three items with Form Due north-400:

Status Data Letter from Selective Service
A Condition Data Letter from the Selective Service states that yous are over-age and therefore no longer required to register. USCIS will decline to consider your situation without this alphabetic character. Request a Status Information Letter.
Sworn Proclamation from Applicant
This signed statement explains why you did not avoid the Selective Service and why the nature is innocent.
Sworn Declaration from Supporter(southward)
This signed statement is most constructive if provided by people of potency such equally a teacher or pastor. The letter should support your explanation of what happened to outcome in your not knowing you were supposed to register.

Many people have successfully naturalized by addressing the requisite good moral grapheme in this manner. For the best results, always speak with an clearing attorney showtime.

Applicants Over 31 Years of Age

Failure to register for Selective Service does non prevent a man who was over 31 years of age from demonstrating that he is eligible for naturalization. This is because the applicant'south failure to register would be outside of the statutory five-twelvemonth period during which the applicant must evidence that he is of skillful moral graphic symbol and disposed to the good lodge and happiness of the United states. (Note: The applicant must be at least 31 years of age on the twenty-four hours Form North-400 is mailed to USCIS to create the five years of permanent residence since turning 26.) In accordance with the USCIS Policy Manual, applicants for naturalization who are over age 31 are eligible for naturalization even if they knowingly and willfully failed to annals. Thus a man'southward failure to register with Selective Service does non make him ineligible for naturalization because he is historic period 31 or older.

Generally, USCIS should not ask applicants who are age 31 or older to provide a condition information alphabetic character. However, if asked for such a letter, the applicant may submit this formal letter from the SSS to address the situation.

Seeking Legal Advice After Failing to Register for Selective Service

Declining to annals for Selective Service can be grounds for USCIS to deny Class N-400, Application for Naturalization. Many immigration attorneys volition recommend that their clients expect until age 31 to apply to ensure five years of good moral character.

Applicants between 26 and 31 years of age should contact an immigration attorney before filing Class Northward-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.

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