Naturalization and Selective Service

[Theunloved 0]

Hi,

I've been on this forum for a while, since I and my wife started doing the AOS application 3 years ago. I've just got the good news that my I-751 application for removing condition on my green card has been approved after more than 7 months of waiting game. Now, as far as I know, I will be able to apply for US citizenship on this May ( I received my conditional GC on August 2010). Now the fun part begins. I came to the United States since I was 19 as an F1 student in 2001. I stayed in school until 2005 and decided to drop out, mostly because I could not afford the tuition fees anymore. During the 2001-2005, I recalled that I was sent a form to ask for signing for selective service. At that time, I was an F-1 student and was exempt from singing it. All I had to do was state that I was a F-1 student, attached a copy of my I-94 and sent it back to the Selective Service Center. I did that and did not even think about it till late 2010 when I went back to school and applied for FASA. They asked me why I did not sign up for selective service and I told them that I was an international student and did not have to. They asked for a letter from Selective Service to prove it. I went online, and requested that. About a week later, I got a letter from Selective Service, in that letter, they stated that I am not registered and their records indicate that they sent one or more pieces of correspondence informing me of the requirement to register, which were not returned as undeliverable . Truth is, I never ever received any thing from them after I sent my exemption form. I would have no choice but to submit that letter and all my I-20 to the school director later. It turned out that they did not reject me for the financial aid. I was able to continue my study and with aid from federal and state funds. Technically speaking, when I dropped out of college in 2005, by law (I think), I was required to sign the selective service since my status was not maintained and I was still under 26. Of course, I would not know it then so I did not do it.

Now my question is:

- By not signing the selective service unintentionally, am I disqualified for applying USC ?

- If not, what evidence should I present them ?

Some people are telling me that I should not do it now, rather wait a couple more years, after I turn 32 now because by that time, the INS will not bother to ask me about selective service anymore. What do you guys think ?

I'd love to hear anything from you guys. Maybe some already were in my shoes before could shed some lights ? Thanks for reading such a long post like that

[Boggy1974 124]

I think there is a waiver for selective service, especially to people who registering for selective service is not applicable to them due to status. But you need to review the REQUIREMENTS for this waiver and see if you qualify due to your status as F1 when you first arrived here.

See this link: http://www.sss.gov/Status.html

You can call or write to SS to find out exactly what situation your case falls under.

Non-U.S. male on a valid non-immigrant visa

- For example, if the man entered the United States as an F-1 student visa and remained in that status until his 26th birthday, he would need to provide documentation indicating that he was admitted on an F-1 visa and attended school full-time as required. Acceptable documentation for this situation include a copy of his I-20 form or a letter from the school he attended indicating his full-time attendance as a non-immigrant alien. The same thing applies for all non-immigrant statuses.

Edited March 26, 2013 by Boggy1974

[FlipgalRN 19]

Now my question is:

- By not signing the selective service unintentionally, am I disqualified for applying USC ?

- If not, what evidence should I present them ?

Some people are telling me that I should not do it now, rather wait a couple more years, after I turn 32 now because by that time, the INS will not bother to ask me about selective service anymore.

Here is some info from the USCIS website that may help. As for others telling you to wait until you are 32..the USCIS officer will be bringing it up to you in your interview regardless because it is a question in your N-400 form and you have to be truthful in your answer. Trust me on this. During my husband's interview they brought up stuff that happened 9 years ago.

Eligibility for Naturalization

Section 316(a) of the Immigration and Nationality Act (INA) requires a naturalization applicant to prove that he or she is, and has been for the requisite period, a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed toward the good order and happiness of the United States. Section 337(a)(5)(A) of the INA also requires applicants to declare under oath his or her willingness to bear arms on behalf of the United States when required by law. Therefore, it is INS policy that refusal to or knowing and willful failure to register for Selective Service during the period for which an applicant is required to prove his compliance with § 316(a)(3) supports a finding that the applicant is not eligible for naturalization, because he has failed to establish his willingness to bear arms when required and his disposition to the good order and happiness of the United States.

Effect of Failure to Register for Selective Service

Failure to register for Selective Service is not a permanent bar to naturalization. In general, INS will find an applicant ineligible for naturalization on account of failure to register for Selective Service if a male applicant refuses to or knowingly and willfully failed to register during the period for which the applicant is required to establish his disposition to the good order and happiness of the United States. This period coincides with the more familiar good moral character period. Whether it is proper for the INS to determine that an applicant refused to or knowingly and willfully failed to register for Selective Service will depend on the applicant's age at the time of filing the naturalization application and up until the time of administration of the oath of allegiance.

Edited March 26, 2013 by FlipgalRN

[iamwhatiam80 92]

Hi,

I've been on this forum for a while, since I and my wife started doing the AOS application 3 years ago. I've just got the good news that my I-751 application for removing condition on my green card has been approved after more than 7 months of waiting game. Now, as far as I know, I will be able to apply for US citizenship on this May ( I received my conditional GC on August 2010). Now the fun part begins. I came to the United States since I was 19 as an F1 student in 2001. I stayed in school until 2005 and decided to drop out, mostly because I could not afford the tuition fees anymore. During the 2001-2005, I recalled that I was sent a form to ask for signing for selective service. At that time, I was an F-1 student and was exempt from singing it. All I had to do was state that I was a F-1 student, attached a copy of my I-94 and sent it back to the Selective Service Center. I did that and did not even think about it till late 2010 when I went back to school and applied for FASA. They asked me why I did not sign up for selective service and I told them that I was an international student and did not have to. They asked for a letter from Selective Service to prove it. I went online, and requested that. About a week later, I got a letter from Selective Service, in that letter, they stated that I am not registered and their records indicate that they sent one or more pieces of correspondence informing me of the requirement to register, which were not returned as undeliverable . Truth is, I never ever received any thing from them after I sent my exemption form. I would have no choice but to submit that letter and all my I-20 to the school director later. It turned out that they did not reject me for the financial aid. I was able to continue my study and with aid from federal and state funds. Technically speaking, when I dropped out of college in 2005, by law (I think), I was required to sign the selective service since my status was not maintained and I was still under 26. Of course, I would not know it then so I did not do it.

Now my question is:

- By not signing the selective service unintentionally, am I disqualified for applying USC ?

- If not, what evidence should I present them ?

Some people are telling me that I should not do it now, rather wait a couple more years, after I turn 32 now because by that time, the INS will not bother to ask me about selective service anymore. What do you guys think ?

I'd love to hear anything from you guys. Maybe some already were in my shoes before could shed some lights ? Thanks for reading such a long post like that

The answer depends on the following question.

Between age 18 and 25, were you in a non immigrant status i.e F1 in your case. If yes, then you dont have to register at all.

And this is just my 2 cents.

The following links may help you with the information you want

http://www.sss.gov/fsmen.htm

http://www.sss.gov/FSwho.htm

[Theunloved 0]

Thanks everyone for the responses. Like I said, I was a F-1 student during 2001-2005, so I was exempt from signing up for Selective Service. However, I dropped out of college at the end of 2005, and by doing so, I did not maintain my status was required to sign up for the selective service . However, I did not know it and did not even receive any mails from the selective service telling me to do so.

[iamwhatiam80 92]

There is a difference between not being in status and being illegal.

I would recommend that you talk to a lawyer who specializes in N-400 applications. And always take 2 opinions.