Jump to content
FinallyDone:)

Selective Service question

5 posts in this topic

Recommended Posts

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 by FinallyDone:)

AOS JOURNEY

02/24/2012---MAILED I-485,I-130,I-765, TO CHICAGO LOCKBOX
03/05/2012---CHECKS CASHED BY USCIS
03/08/2012---I-765 WAS TOUCHED
03/17/2012--RECIEVED RECIEPT NOTICE FOR I-485,I-130,I-765
03/23/2012---RECIEVED BIOMET
RICS APPOINTMENT
04/05/2012--I-485 RFE MAILED
04/07/2012--I-485 RFE RECIEVED
04/10/2012---RFE REPLY WAS SENT TO USCIS FOR I-485
04/10/2012---WENT TO BIOMETRICS APPOINTMENT IN ELIZABETH NJ(NOW THE NEWARK OFFICE)

04/18/2012---RFE RECIEVD BY USCIS
05/21/2012--- EAD APPROVED CARD PRODUCTION EMAIL RECEIVED
05/24/2012--- SECOND EAD PRODUCTION EMAIL
06/26/2012-- AOS INTERVIEW!!!!!!!!!
06/28/2012----APPROVED/CARD PRODUCTION EMAIL
07/07/2012-----10 YEAR GREEN CARD ARRIVES

N-400 NATURALIZTION

03/21/2016--- MAILED/FILED N-400

03/24/2016 ---- PACKAGED DELIVERED

03/28/2016---- NOA RECIEPT NOTICE RECIEVED

04/08/2016--- BIOMETRIC SCHEDULED

04/22/2016-- BIOMETRIC DONE

06/20/2016--- INTERVIEW SCHEDULES

07/29/2016--- INTERVIEW/OATH

07/30/2016--- REGISTERED TO VOTE/PASSPORT

event.png

xweHm7.png
REPLACEMENT I-94 JOURNEY
01/20/2012--I-102 MAILED
01/27/2012--USCIS RECIEVED PETITION
02/02/2012--RECIEPT NOTICED RECIEVED
03/05/2012--RFE MAILED
03/10/2012--RFE RECIEVDD
04/05/2012---RFE REPLIED TO
04/17/2012--USCIS RECIVED IT AND IS UNDER REVIEW
07/11/2012-- STILL IS UNDER REVIEW HAHA

Share this post


Link to post
Share on other sites

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 by kamw

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

event.png

Share this post


Link to post
Share on other sites

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.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites

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.


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

Share this post


Link to post
Share on other sites

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.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×