Selective Service question

[FinallyDone:) 10]

Hello Everyone,

First let me apologize if I am not posting in the right forum.I haven't been on here in so long.

So now we are at the 3 year mark and we are ready to pursue citizenship.

my husband came here on a tourist visa from colombia in 1994. he was not aware of the selective service requirement and never filed. fast forward he's now in his late 30s and so now its too late for him to even apply. I have filled out the "status letter" for the selective service but I am wondering Will this pose an issue with him becoming naturalized?Should i reach out to an immigration lawyer? I was able to do AOS by myself and would like to try and to the N-400 alone. I have all pretty much all documents ready minus this. any advice would be greatly appreciated.

TIA

Edited June 24, 2015 by FinallyDone:)

[kamw 93]

Illegal aliens are required to register with Selective Service. He will need to obtain a status verification letter and check the box on the N-400 that he should have registered but failed to do so. Provided his failure to register was not willful then it is usually not a barrier to naturalisation.

You can find instructions on how to obtain an information letter from Selective Service here: http://www.sss.gov/instructions.html they are free and usually take 2 - 3 weeks for you to receive them.

You didn't mention your husband ever being illegal but it's the same procedure. Here's the link to the entire discussion:

http://www.visajourney.com/forums/topic/478878-selective-service-question-on-form-n-400/

Look at the information on this page http://www.sss.gov/FSmen.htm Also it is a possibility that he was registered and just never knew. Certain federal places automatically register men within the age group from what I've read online.

Edited June 24, 2015 by kamw

[JimmyHou 610]

Hello Everyone,

First let me apologize if I am not posting in the right forum.I haven't been on here in so long.

So now we are at the 3 year mark and we are ready to pursue citizenship.

my husband came here on a tourist visa from colombia in 1994. he was not aware of the selective service requirement and never filed. fast forward he's now in his late 30s and so now its too late for him to even apply. I have filled out the "status letter" for the selective service but I am wondering Will this pose an issue with him becoming naturalized?Should i reach out to an immigration lawyer? I was able to do AOS by myself and would like to try and to the N-400 alone. I have all pretty much all documents ready minus this. any advice would be greatly appreciated.

TIA

Failure to register for selective service is not an issue once the applicant is over the age of 31.

[DC85 113]

If you guys are good with money, I would give it a shot. Since, your husband didn't register he would be considered a person with bad moral character until the statutory period is over which is usually 5 years prior to sending the application. As a result, any male, who fails to register, shouldn't have a problem to get approved if he applies after being 31 yrs old. In your husband's case the statutory period is 3 years , so I would expect he should be approved if he applied since he was 29 years old. So it doesn't hurt to give it a shot.

This is my personal interpretation, you could consult with several immigration lawyers in your area to see their opinion. It would be beneficial as well, if you can ask a lawyer to draft a memo which explain this section of the law and attach it to your husband's application.

I read somewhere that a person registered for a vote by mistake like 4 years before he applied, His application was denied because they found him lacking good moral character on the 5 years statutory period. He appealed the decision claiming that his statutory period is 3 years since he is married to a US citizen, The officer then reversed the denial and he was approved.

[JimmyHou 610]

The OP's husband is in his late 30s. The issue of selective service is completely irrelevant.

From the USCIS policy manual:

"Applicants Over 31 Years of Age​

​

The applicant is eligible. This is the case even if the applicant knowingly and willfully failed to register because the applicants failure to register would be outside of the statutory period.​"

If you are concerened, Google the text above and print out the relevant section of the policy manual and take it with you to the interview.