Help my Fiance didn't register for selective services

[miss trini 0]

Hi everyone

my Fiance didn't register with selective services he is now 27yrs old he is eligible to apply for us citizenship next year. now we have started doing research about the process and realize we have a big problem because he didn't register his citizenship application most likely will be denied based on him not having good moral character we have been together 3yrs and have been waiting till he gets citizenship to start the k1 process.

now where having a baby early next yr so we are real eager about being together faster but we come across this problem What can we do to fix this if anything can be done has anyone been in this situation this is serious we have waited to find this out now i don't want to feel hopeless but i sure am a little depressed that he can be denied because he didn't register he says he didn't know he was required to register.

he lives in the state of new york we would appreciate any advice as to what can be done about this situation

Edited July 17, 2011 by miss trini

[Tim/Mav 305]

I really never seen this question asked before so I had to read some as I'm sure you have..

It appears there are Exceptions and Non-Exceptions. Not knowing all the details I read this Link below:

http://en.wikipedia.org/wiki/Selective_Service_System

One fact is: In the US, "Ignorance of the Law is no Excuse." If he did'nt know he was required to File with SSS.

But, It may or maynot apply to you from the little detail above Verses the US Laws about The Selective Service System.

I would want to know the Legal Answer for Safety as well. Good Luck

[fazmo 24]

Big problem. Your husband needs a very good attorney. If your husband was a permanent resident between 18 and 26, then he was required to register with selective services. It is very likey that he signed a form at the embassy (or wherever he acquired his initial residency papers) acknowledging his knowledge of such requirement and that he will register within 30 days. I know I did. Not only will they deny him citizenship but they may also revoke his residency status and deport him - unless he can present a clear and convincing explanation of why he failed to register. Get an immigration attorney.

[Tim/Mav 305]

Big problem. Your husband needs a very good attorney. If your husband was a permanent resident between 18 and 26, then he was required to register with selective services. It is very likey that he signed a form at the embassy (or wherever he acquired his initial residency papers) acknowledging his knowledge of such requirement and that he will register within 30 days. I know I did. Not only will they deny him citizenship but they may also revoke his residency status and deport him - unless he can present a clear and convincing explanation of why he failed to register. Get an immigration attorney.

Unfortunately, thats what I was thinking. However, May I ask: What Type of Visa is he here on in the US ? I read: there are Exceptions.

I agree with this post. It may require Attorney Assistance for the CORRECT Legal Answers.

[Tim/Mav 305]

Big problem. Your husband needs a very good attorney. If your husband was a permanent resident between 18 and 26, then he was required to register with selective services. It is very likey that he signed a form at the embassy (or wherever he acquired his initial residency papers) acknowledging his knowledge of such requirement and that he will register within 30 days. I know I did. Not only will they deny him citizenship but they may also revoke his residency status and deport him - unless he can present a clear and convincing explanation of why he failed to register. Get an immigration attorney.

This is where my confusion is: Fazmo said: Your Husband. It appears there not married to me so he MAYBE here on another type of Visa that may or maynot require Registration with The Selective Service. ? I DON'T KNOW.

[Gosia & Tito 199]

Hi everyone

my Fiance didn't register with selective services he is now 27yrs old he is eligible to apply for us citizenship next year. now we have started doing research about the process and realize we have a big problem because he didn't register his citizenship application most likely will be denied based on him not having good moral character we have been together 3yrs and have been waiting till he gets citizenship to start the k1 process.

now where having a baby early next yr so we are real eager about being together faster but we come across this problem What can we do to fix this if anything can be done has anyone been in this situation this is serious we have waited to find this out now i don't want to feel hopeless but i sure am a little depressed that he can be denied because he didn't register he says he didn't know he was required to register.

he lives in the state of new york we would appreciate any advice as to what can be done about this situation

First of all, don't panic.

Following is from the SSS site (http://www.sss.gov/FSmen.htm):

WHAT CAN YOU DO IF YOU DID NOT REGISTER AND ARE NOW 26 OR OLDER?

If you have passed your 26th birthday and are now being denied eligibility for Federal student financial aid, Federal job training, or Federal employment, or are having difficulty obtaining U.S. citizenship because you failed to register, you have the the following recourse available to you: Explain to the official handling your case (for example, a student financial aid officer) the reasons for your failure to register with Selective Service. A non-registrant may not be denied any benefit if he can "show by a preponderance of evidence" that his failure to register was not knowing and willful. Offer as much evidence supporting your case, and as much detail, as possible.

HOW TO GET AN OFFICIAL SELECTIVE SERVICE RESPONSE SAYING YOU WERE OR WERE NOT REQUIRED TO REGISTER

If you did not register with Selective Service, and are now a man over age 25, you may be ineligible for certain Federal or state programs and benefits, including U.S. citizenship. Some agencies may ask you to provide an official response from the Selective Service indicating if you were or were not required to register. To receive such a letter from the Selective Service System, please call 1-847-688-6888. Your call will be answered by an automated voice processing system. Please refrain from pressing any numbers, and an operator will soon come on the line to assist you. You may also send a written request to the Selective Service System at P.O. Box 94638, Palatine, IL 60094-4638. Ask for a "status information" letter. You will have to describe, in detail, the circumstances you believe prevented you from registering and provide copies of documents showing any periods when you were hospitalized, institutionalized, or incarcerated occurring between your 18th and 26th birthdays. If you are a non-citizen, you may be required to provide documents that show when you entered the United States. Please include your name, Social Security Number, date of birth, and return address.

-----------------------------------------------------------

Thus, if you signed a statement during the Embassy interview, you can't just say "I forgot", but (IANAL, you should consult one as noted in other replies here) it might be possible to get an exception/dispense because you did not fully know/understand the consequences of not registering as it pertains to naturalization and that it was not your intent to evade the registration. Before doing anything, I'd consult an attorney, and possibly get a second opinion just to be sure. It seems not possible that you are the only immigrant man that missed this and given that there is no draft, the SSS might have seen this case before and will have a viable solution for this cases.

[fazmo 24]

Correct, it does seem that they are not married yet (Somehow being together for 3 years and having a baby together ringed the husband/wife bell in my ears )

However, the fact that he is applying for a US citizenship tells us that he was a permanent resident for sometime (at least more than one year). He is also 27. Therefore, there is a strong indication that he was a US LPR before he turned 26. What type of visa he came in (or which category) would not matter and he would still be required to register with selective services. The embassy told me this verbally and made me sign documents indicating I understood - which would tell you they don't take this lightly. Perhaps the embassy is afraid the selective services may sue them so they make the immigrant sign that acknowledgment form.

[miss trini 0]

thanks for the advice his mom sponsored him that's how he attained his green card we just wanted to know how to try and fix this he was the legal age to register but didn't at the time so we are hoping we can correct it without him being denied citizenship

[Anh map 2,098]

It may be worth the few $$ to get an opinion from an immigration attorney. From what Gosia & Tito posted it seems that it is an issue that comes up often. The best course of action is honest answers and explanations.

[Tim/Mav 305]

As I Originally indicated: I never seen this Topic before.

I'm almost 50 now but remember at the Post Office at 18 Registering. Then later, at 26 years old, got a Letter saying "I'm an OLD MAN" and no longer needed.

A good post for younger males to remember upon entry to the US.

[Gosia & Tito 199]

It may be worth the few $$ to get an opinion from an immigration attorney. From what Gosia & Tito posted it seems that it is an issue that comes up often. The best course of action is honest answers and explanations.

Just happen to know about this for other people not in VJ. I myself didn't know anything about SSS until I went for USC, but I was 30 something so it was not a problem, I think many people find about this when applying for USC but most of the people seems to be older than 26 when they immigrate so it's not a problem. Notice the extract I posted it notes that failure to register must be 'willful' which doesn't seem to be the case here. As another post notes, it depends what visa you had when you enter before 25 and I am not sure that even if you sign a sheet handed to you during an interview at the Embassy could be sufficient for anyone to 'understand'. There was a post recently about someone who thought he was agreeing to join the army upon entering the US.

I still strongly advise to see an attorney, but I also believe there is grounds to find a suitable solution.

Perhaps this is something that needs to be added to the guides here in VJ if it has not been done yet.

[Harpa Timsah 13,258]

I would wait for posters who actually know what they are talking about and have experience in this matter. I have seen here before that when your GC is approved they register you automatically (thought I don't know all the details). I know there are people who have gone through this before, and all is not lost. Unfortunately I don't remember the details. A search will also help you. Speculation doesn't help. Good luck.

Edited July 18, 2011 by Harpa Timsah

[Boiler 43,433]

It has come up plenty of times.

But whether it is an issue or not depends on the circumstances.

[NickD 202]

On the three years I have been on this board, many have asked this same question, thought I had a photographic memory, but feel its been over exposed. Just don't recall anyone coming back as to how they made out on this issue. Maybe someone else does.

Do recall when wife and daughter first received their conditional cards, they opened their envelops, got all happy and were dancing and singing around the house. I saw that brochure inside each of their envelops, was short, but read it.

Stated one of the conditions is to carry this card with you at all times, commented, does this mean if you get up at night to use the rest room, you should have this card with you? Can't vote was another, as well as selective service. But looked at them carefully, both are definitely female. My gals required a lot of guidance from me, for one thing, they came from a country with no speed limits, that took a great deal of effort.

Personally considered selective service as a bad joke, Bush thought about reestablishing the draft, that would be a good way for him to commit suicide. My boys, born here received a postcard, we know you, where you live, your DOB, your SS number, if you don't sign and return this card in ten days, can get up to a $10,000 fine. One son was lax on this, twisted his arm and dropped the card in the mailbox myself. I was raised during the draft.

Now its easy, can do it on the net, worth a try for your spouse, just see what happens, feel its far better to deal with selective service than the USCIS on this issue. Did he even receive that brochure with his first green card? Receive a lot of those brochures, in particular with credit card, cell phone, and cable bills, just automatically pitch them.

[Jim N Augie 16]

Trini, if you want I will email you the person I used to help me with immigration. He is very good, has no customer complaints and has years of experience. He has probably seen it all. Charges no where near the price of an attorney. Either he can help you or point you in the right direction. Jim.