Jump to content
jonitajesus

Selective Service Question on Form N-400

 Share

6 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

My husband was here illegally since he was around 19. He got his permanent residency in 2010 at the age of 29. He is now 33. He has never registered for Selective Services. We didn't even know about it. I'm wondering if we should just check yes or no. Anyone else with this situation? It seems a lot of questions are just since permanent residency.

Event Date

Service Center : California Service Center

Consulate : Juarez, Mexico

Marriage : 2003-08-31

I-130 Sent : 2009-03-18

I-130 NOA1 : 2009-03-30

I-130 Approved : 2009-07-22

NVC Received : 2009-08-07

Received DS-3032 / I-864 Bill : 2009-08-17

Pay I-864 Bill

Receive I-864 Package :

Return Completed I-864 :

Return Completed DS-3032 :

Receive IV Bill :

Pay IV Bill :

Receive Instruction Package :

Case Completed at NVC :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

Comments :

Processing

Estimates/Stats : Your I-130 was approved in 114 days from your NOA1 date.

Link to comment
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.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Egypt
Timeline

My husband was here illegally since he was around 19. He got his permanent residency in 2010 at the age of 29. He is now 33. He has never registered for Selective Services. We didn't even know about it. I'm wondering if we should just check yes or no. Anyone else with this situation? It seems a lot of questions are just since permanent residency.

You can see from this chart that undocumented aliens do need to register:

http://www.sss.gov/must.htm

Here's an article that gives some guidelines on what to do. Basically, they recommend waiting five years from the time you can no longer register (26) before you apply. Failing to register is seen as an indication of a lack of good moral character. At 33, it's already been 7 years since the last time your husband would have been able to register. Please note that this is not an official USCIS link:

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

USCIS asks you to include an explanation of why you didn't register with the application. This failure to register for SS and his former undocumented status will be taken into consideration when they evaluate his application, but I don't think that either issue is an automatic basis for denial - it just might complicate the interview somewhat.

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

Link to comment
Share on other sites

Filed: Citizen (apr) Country: India
Timeline

My husband was here illegally since he was around 19. He got his permanent residency in 2010 at the age of 29. He is now 33. He has never registered for Selective Services. We didn't even know about it. I'm wondering if we should just check yes or no. Anyone else with this situation? It seems a lot of questions are just since permanent residency.

He should have registered but since he is 33 it is no longer an issue now since it has crossed more than 5 years. I remember one person in this forum filed when he was 30 and he did not register for selective services and uscis rejected his application during interview and asked him apply after he becomes 31.

So don't worry about it and go ahead and file.

Link to comment
Share on other sites

  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Hi. What about if im applying under the 3 year rule? Does that mean i have a 3 year ban instead of a 5? I did also failed to register to selective service because by that time i was undocumented. Now im 30 years old and i am applying for naturalization. Thanks

Link to comment
Share on other sites

The 5 year "good conduct" requirement is always a requirement for 5 years, even if you apply under the 3 year rule.

If you were required to register for Selective Service but didn't, then it's usually a good idea to wait until you turn 31 so that your requirement to register was over 5 years ago and won't be held against you at the N-400 interview.

Any N-400 you file before your 31st birthday has a good chance of being denied.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
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.
×
×
  • Create New...