Selective service question

[Dave&Roza 748]

The age range is 18-26... this is even one of the 100 questions... meaning that once you turn 26, you cannot register. I'm not sure where you got the info about having the age of 26 to register... everything I've read says that you CANNOT register once you have turned 26; it's too late. But please correct me if you have found something stating otherwise.

If you become a permanent resident or are in the US illegally at any time after you turn 18 and before you turn 26, you must register. If not, you don't have to provide anything.

You are correct. I thought I had read somewhere that if you failed to register while 25 years old or younger, you could register before your 27th birthday (while 26 YO) so you would not have to wait until 29 or 31 to file for Naturalization (3 years or 5 years to prove you are of good morale character). I cannot seem to find that. The SS website states that once a man turns 26 YO he cannot register. So that is that. If you failed to register before you turn 26 YO you failed to follow the SS rules and should wait until you are 29 if filing under the 3 year rule or 31 if filing under the 5 year rule for Naturalization.

Dave

Edited January 12, 2015 by Dave&Roza

[ExPatty 502]

"Pending green card" is not a status. What visa did you enter on? Did you maintain a lawful nonimmigrant status until you were at least 26?

Entered on a TN but it is renewed each year. I got all the gc stuff under way before it expired, at which point I was allowed to stay while the gc adjudicated. 485 if I recall correctly, so whatever status I was while the 485 adjudicated:) that kicked off when I was 25.5.

[Hypnos 6,579]

Then yeah, that's an interesting question. While you were TN you were considered a lawful nonimmigrant, but upon filing the I-485...I'm not sure. Either way you CYA by registering, which was the smart thing to do.

Edited January 12, 2015 by Hypnos

[ExPatty 502]

Then yeah, that's an interesting question. While you were TN you were considered a lawful nonimmigrant, but upon filing the I-485...I'm not sure. Either way you CYA by registering, which was the smart thing to do.

thankmy lawyer for that

According to this if you use an ead while 485 is pending you lose a non immigrant status if you otherwise had one: http://www.hooyou.com/ead/ead-pi-485.html

Thus I must conclude that I was no longer a non immigrant while the 485 was pending in which case yes was correc on the 400!

[Hypnos 6,579]

That's usually right. You remain in the status you were in before filing unless you exercise a benefit based on your new filing, which if you used your EAD (or AP) then you did.

[raven52 234]

You have no problems with this.

It seems you were about 2 months too old, for you to register.

I doubt it is even brought up.

Good Luck!

[slangofoil 50]

I've wondered for a while if my husband should have registered after entering on a K-1 and before getting his green card. He got his green card on his 26th birthday, did not register, and is now a citizen as of Friday. The wording regarding SS registration on the N-400 interview letter seemed to indicate to me that he had been correct in not registering, but of course I don't have the interview letter now to reference.

[ExPatty 502]

I've wondered for a while if my husband should have registered after entering on a K-1 and before getting his green card. He got his green card on his 26th birthday, did not register, and is now a citizen as of Friday. The wording regarding SS registration on the N-400 interview letter seemed to indicate to me that he had been correct in not registering, but of course I don't have the interview letter now to reference.

How old was he when he submitted his N-400? As I understand it, once you hit 31 it basically becomes moot anyway (e.g. if you failed to register, you can wait until you reach the age of 31), and prior to 31 you need to make a case with USCIS, so it's then up to their discretion as to whether your excuse is satisfactory or not if you didn't file.

There are other permanent damages incurred by not registering, such as access to certain government things, so it may behoove anybody unsure to just do so anyway. I have no idea if registering fallaciously is a bad thing; i.e. if you come in on a temporary visa and you register, do they care?

Edited January 12, 2015 by ExPatty

[Cathi 5,833]

My recollection was that is you were over 30 it was too late, check but I think you should.

you age out at 26

[slangofoil 50]

How old was he when he submitted his N-400? As I understand it, once you hit 31 it basically becomes moot anyway (e.g. if you failed to register, you can wait until you reach the age of 31), and prior to 31 you need to make a case with USCIS, so it's then up to their discretion as to whether your excuse is satisfactory or not if you didn't file.

There are other permanent damages incurred by not registering, such as access to certain government things, so it may behoove anybody unsure to just do so anyway. I have no idea if registering fallaciously is a bad thing; i.e. if you come in on a temporary visa and you register, do they care?

He was/is 29. I don't think the SS registration came up at all during his interview.

I just went hunting for a copy of an interview letter online and found one, so here's the text that discusses SS registration:

13. If registered with the Selective Service, bring proof of such. If you did not register with the Selective Service and you are (1) male, (2) over 26 years old, (3) were born on or after January 1, 1960, and (4) were a Permanent Resident between the ages of 18 and 26 when you failed to register, explain your failure to register and bring:

A "Status Information Letter" from the Selective Service. (Call the Selective Service at 1-847-688-6888 for more information).

He meets the conditions of 1, 2 and 3, but not 4, because his green card date is his 26th birthday, so he was not a Permanent Resident prior to that. It was based on this wording that I felt comfortable that we were correct in not registering him. And, as I said, he wasn't asked about it at interview.

[ExPatty 502]

He was/is 29. I don't think the SS registration came up at all during his interview.

I just went hunting for a copy of an interview letter online and found one, so here's the text that discusses SS registration:

He meets the conditions of 1, 2 and 3, but not 4, because his green card date is his 26th birthday, so he was not a Permanent Resident prior to that. It was based on this wording that I felt comfortable that we were correct in not registering him. And, as I said, he wasn't asked about it at interview.

Thanks! That wording is far more specific than on the N-400 and seems to only compel a permanent resident to register. If he became one on his 26th birthday it looks like he was one day away from being out of compliance

[slangofoil 50]

Thanks! That wording is far more specific than on the N-400 and seems to only compel a permanent resident to register. If he became one on his 26th birthday it looks like he was one day away from being out of compliance

Yes, I recall being worried based on the N-400 application wording, but the interview letter is, indeed, a lot clearer and eased my mind. Pretty funny how he became a PR right on his birthday! It was a nice gift!