Registered for selective service too late please help

[jeszy 38]

I arrived to the US 09/2018 and did not remember registering for selective service. When I received my permanent resident card 5/2019 I was already older than 26 at that time, this is when I got my welcome to the USA paper about the fact that I need to. I can see that I have a registration in the system though for last action: 07/2019 (I was already passed 26 at this point)

 

What should I do now my naturalization interview is next month? 

[bakphx1 785]

If you were not a green card holder yet, it sounds like you were not yet in an immigrant status.  Which means you weren’t required to register.  If you were already 26 the day you got your green card it sounds like it doesn’t apply to you.  

[jeszy 38]

8 minutes ago, bakphx1 said:

If you were not a green card holder yet, it sounds like you were not yet in an immigrant status.  Which means you weren’t required to register.  If you were already 26 the day you got your green card it sounds like it doesn’t apply to you.  

I was on a fiancé visa but online they say that you have to register 30 days after your arrival.

[Mike E 11,722]

30 minutes ago, jeszy said:

can see that I have a registration in the system though for last action: 07/2019 (I was already passed 26 at this point)

Doesn’t matter.  You are registered. What does the “Date of Registration” say?
 

Last Action date is for updating your address and if your name changes, your name.  
 

When you filed DS-260 or I-485 you agreed to let the government register you.  It appears that this is what happened.  
 

Edited August 12, 2022 by Mike E

[Mike E 11,722]

1 minute ago, jeszy said:

I was on a fiancé visa but online they say that you have to register 30 days after your arrival.

Well actually you have to register before your authorized stay on your K-1 visa expires. Moot point. You are registered. 

[Family 3,463]

Below is a chart that spells out who must register, and it includes LPR, undocumented immigrants…but those in valid non immigrant status are exempt ( example B-2 visitor, F-1 etc. 

 

How did you enter the US on Sept. 2018 ? 
 

You can prepare  a Letter / Affidavit that explains the innocent error you made and state failure to register was not intentional or willful 

 

You can also have a community member ( priest, teacher, etc ) write a character reference and again emphasize it was an oversight.

 

Take letters w you to the interview and offer them if/when asked by the Officer.

 

 

https://www.sss.gov/wp-content/uploads/2020/11/WhoMustRegisterChart.pdf

 

https://citizenpath.com/failing-register-selective-service/

[Mike E 11,722]

1 minute ago, Family said:

      

 

 

 

 

https://www.sss.gov/wp-content/uploads/2020/11/WhoMustRegisterChart.pdf

 

This chart fails to capture former non immigrants whose non immigrant authorized stay expires and nie have authorized presence due to a pending I-485.  Such males do have to register.  

[Family 3,463]

Just now, Mike E said:

This chart fails to capture former non immigrants whose non immigrant authorized stay expires and nie have authorized presence due to a pending I-485.  Such males do have to register.  

I think they are nuanced in with either immigrants or undocumented….but yes I agree w you .

 

OP will be fine with just taking a Letter w him, cause Officers wanting to approve will issue I-72 and tell applicant to send Letter “ for the file” 

[jeszy 38]

18 minutes ago, Family said:

Below is a chart that spells out who must register, and it includes LPR, undocumented immigrants…but those in valid non immigrant status are exempt ( example B-2 visitor, F-1 etc. 

 

How did you enter the US on Sept. 2018 ? 
 

You can prepare  a Letter / Affidavit that explains the innocent error you made and state failure to register was not intentional or willful 

 

You can also have a community member ( priest, teacher, etc ) write a character reference and again emphasize it was an oversight.

 

Take letters w you to the interview and offer them if/when asked by the Officer.

 

 

https://www.sss.gov/wp-content/uploads/2020/11/WhoMustRegisterChart.pdf

 

https://citizenpath.com/failing-register-selective-service/

K1 visa

[jeszy 38]

33 minutes ago, Mike E said:

Doesn’t matter.  You are registered. What does the “Date of Registration” say?
 

Last Action date is for updating your address and if your name changes, your name.  
 

When you filed DS-260 or I-485 you agreed to let the government register you.  It appears that this is what happened.  
 

The date of registration is the same - so i was already 26 at that time. too late. 

[Family 3,463]

You will be fine, just prepare the Letter (s).Worst case scenario ( will NOT happen to you) is denial. So you reapply when you turn 31 and have cleared the 5 years GMC

Sok Sikert! 
Good Luck

[jeszy 38]

10 minutes ago, Family said:

You will be fine, just prepare the Letter (s).Worst case scenario ( will NOT happen to you) is denial. So you reapply when you turn 31 and have cleared the 5 years GMC

Sok Sikert! 
Good Luck

it was only 5 months until I turned 26 after. 

Can a denial cause issues if I apply again at 31?  

Koszi

[Family 3,463]

3 minutes ago, jeszy said:

it was only 5 months until I turned 26 after. 

Can a denial cause issues if I apply again at 31?  

Koszi

No issues at all  with new application in case of denial. 

But you won’t be denied, they are quite forgiving. 

[jeszy 38]

1 hour ago, Family said:

No issues at all  with new application in case of denial. 

But you won’t be denied, they are quite forgiving. 

Already scheduled a lawyer appointment for next week but if I understand correctly the 31 years of age thing is because it is outside the 5 year statutory period. Since I applied based on a K1 visa my statutory period should be only 3 years. Its already more than 3 years passed since my 26 th birthday when I am no longer need to register for selective service. I know this is probably complex lawyer might can help with it. 

[Demise 1,093]

11 hours ago, jeszy said:

I was on a fiancé visa but online they say that you have to register 30 days after your arrival.

It's a bit more complicated in this case. Non-immigrants are exempt for the duration of their admission plus 30 days, so 120 days since you entered. https://www.sss.gov/register/who-needs-to-register/#p1

So in your case you'd be required to register sometime in January 2019. If you were already 26 at the time you were exempt and it's not a problem. If not the keep on reading.

There is no provision for "pending AOS" nor anything that would blanket put pending AOS under something else like "treat all AOS applicants as lawful nonimmigrants for duration", which is annoying because it makes donut holes in other laws (like Selective Service Registration or Firearms laws), so you have to look at the underlying status you're adjusting from.

 

8 hours ago, jeszy said:

Already scheduled a lawyer appointment for next week but if I understand correctly the 31 years of age thing is because it is outside the 5 year statutory period. Since I applied based on a K1 visa my statutory period should be only 3 years. Its already more than 3 years passed since my 26 th birthday when I am no longer need to register for selective service. I know this is probably complex lawyer might can help with it. 

If you are seeking to naturalize under a 3 year provision, then yes, failure to register for selective service makes you ineligible to naturalize until you turn 29. Since you are already 29, you'll be fine.

https://www.nolo.com/legal-encyclopedia/naturalization-eligibility-men-who-failed-register-with-the-selective-service.html

Edited August 12, 2022 by Demise