Selective Service registration - 26 years old

[newacct 688]

The only fact that matters is the date when you became an permanent resident, which is shown on your green card.

How did you deduce that?

[newacct 688]

Here's the basic deal: Non-immigrant = don't have to register. Immigrant (i.e. green card) = have to register. I think your question, though, is during the time when you were adjusting status but had not yet become a green card recipient, did you have to register? I've read on this in the past and if I had to bet my life on it I would say no, because I don't think you're an official immigrant until the green card is approved, though possibly there are guidelines elsewhere that say what the adjusting status interim is defined as.

According to immigrantion law, an immigrant is anyone who is not a non-immigrant, and non-immigrant is someone who falls under one of a list of non-immigrant statuses. According to your definition, "illegal immigrants" wouldn't be "immigrants".

[ExPatty 502]

Here's the basic deal: Non-immigrant = don't have to register. Immigrant (i.e. green card) = have to register. I think your question, though, is during the time when you were adjusting status but had not yet become a green card recipient, did you have to register? I've read on this in the past and if I had to bet my life on it I would say no, because I don't think you're an official immigrant until the green card is approved, though possibly there are guidelines elsewhere that say what the adjusting status interim is defined as.

According to immigrantion law, an immigrant is anyone who is not a non-immigrant, and non-immigrant is someone who falls under one of a list of non-immigrant statuses. According to your definition, "illegal immigrants" wouldn't be "immigrants".

Yeah, illegal aliens do also have to register

https://www.sss.gov/Registration-Info/Who-Registration

[ExPatty 502]

I googled a bunch. This is 10 years old, but:

http://www.laborlawtalk.com/showthread.php?t=76335

I emailed the Selective Service for more information pertaining to my

situation and I got a reply back stating the following:

"If there is a lapse of 30 days between the time your J-1 VISA status
expires and when you turn 26 years old and you are still residing in the
United States, you are required to register with Selective Service
System. It will be to your advantage to register with Selective Service
if this will be your case. A man must be registered to stay eligible for
student loans and grants for college, most Federal employment, all
background security clearances, many state jobs, job training under the
Workforce Investment Act, and citizenship (if he is not yet a U.S.
citizen)."

If true, the reading of the rules are basically not "Here are the people who need to register", but rather "you must register unless", and that would mean that you must register unless you are in one of the specific categories you mustn't; basically, if the visa has expired--as it would during adjustment--then you would be included in a group who should register.

I still maintain the OP is not going to be in a huge world of hurt because of this, though. It is not the end of the world, and is somewhat common without holding the catastrophe other immigration mistakes can such as falsely claiming citizenship.

Edited August 6, 2015 by ExPatty

[newacct 688]

I think the more relevant question would be, why didn't USCIS register him since he filed I-485 before his 26th birthday?

[Hypnos 6,576]

I wondered the same thing myself.

OP, you should obtain a status information letter from the SSS which will clarify whether you have been registered, but it would seem that you haven't.

As I said above, I believe you were likely required to register since your nonimmigrant status expired prior to your 26th birthday, and your green card was approved after your 26th birthday.

Worst case scenario: you may need to wait until you turn 31 before you can apply for citizenship under the five year rule (or 29 under the three year rule).

[newacct 688]

Someone just posted on another thread that USCIS failure to register you does not constitute a willful failure on your part to register for naturalization purposes.

[Hypnos 6,576]

Right, but USCIS will usually consider it a failure of the "good conduct" check to be required to register for SSS but fail to do so. This can be overcome with a preponderance of evidence attesting to that. I recall a few months ago someone here overcame a failure to register for SSS by showing he did a lot of volunteer charity work, obtained letters from friends, family, and I think his pastor; stuff like that. In the end it worked, and he successfully naturalised before 29/31 despite not registering for SSS.

While it happens, it doesn't happen often. The average person would have to wait until they were 29/31 if they were required to register for SSS but failed to do so.

[Beginning777 6]

Some schools, register children automatically, just check the website given above, if not since you are over the age there's nothing to worry about.

You have past the age to register, there's nothing

You have past the age to register, there's nothing

Edited August 7, 2015 by Beginning777

[newacct 688]

Right, but USCIS will usually consider it a failure of the "good conduct" check to be required to register for SSS but fail to do so. This can be overcome with a preponderance of evidence attesting to that. I recall a few months ago someone here overcame a failure to register for SSS by showing he did a lot of volunteer charity work, obtained letters from friends, family, and I think his pastor; stuff like that. In the end it worked, and he successfully naturalised before 29/31 despite not registering for SSS.

While it happens, it doesn't happen often. The average person would have to wait until they were 29/31 if they were required to register for SSS but failed to do so.

How is it a "failure to do" so if USCIS promised to register him and didn't?

[Hypnos 6,576]

Because it's his obligation to register, not USCIS' to do it for him.

[TMDM 15]

Thanks all for your informative responses! it is very interesting to see the multitude of different answers and variations with regards to this matter. I have spoken with my Lawyer who has advised me, apply now for SSS and await the denial letter. At which point this can be presented come nearer the time along with additional evidence to show good character. This coupled with the statement on the signed i485 about it being registered for me and the two officers that i spoke with at USCIS that have confirmed I didn't have to register as i'm not considered an immigrant until i was approved my petition and this happened after my 26th birthday, should atleast go somewhat towards helping my case. In hindsight, i'd have definitely registered. But was un aware that I infact needed to given the statement on the USCIS i485 form and my immigration status during my AOS.