selective service

[jer216 4]

I've perused the forums on this topic but didn't find one exactly the same as my issue so want to ask for opinions/advice:

My husband entered the US in 12/2003 on a B2 tourist visa at the age of 25. He overstayed the visa's limit so was "out of status" until 12/2007 when he received permanent residency (we were married in 4/2007).

He was 28 at the time we applied for permanent residency.

He is now 37 and is applying for naturalization.

He did not ever register for Selective Service, and was over 26 when he applied for permanent residency.

Since he is over 31 (I saw a rule somewhere about not needing to submit a status information letter after this age), does he still need to submit a status information letter and affidavit explaining why he didn't register? If so, does this letter need to be notarized?

[BigDaddy28 228]

He should be fine. First he became a resident (or on status that require registration) after the age limit. Besides 5 years elapsed since the age 26 so he should be fine.

[newacct 688]

You didn't give exact ages when he went out of status, but given that you said he was 28 around 2007, and he probably went out of status in 2004, he was probably around 24 at the time he went out of status, and in any case younger than 26. Someone who is out of status is required to register for Selective Service, so he failed to register, and you need to select that he was required to register and failed to register, and get the letter, etc. Since he is over 31 it shouldn't affect his application.

[Kiran&Salman 5]

He's 37 years old. He doesn't need to provide STATUS INFORMATION LETTER.

As reference, check this link

http://www.uscis.gov/forms/tips-filing-form-n-400-application-naturalization

Scroll down to the bottom of the page. As per USCIS it states:

• Item 46.C.2:
  • If you answered “Yes” and:
    • You are more than 31 years old when you apply OR
    • You are over age 29 and applying based on marriage to a U.S. citizen
      • you do not need to submit a status information letter from the Selective Service or a written statement explaining why you did not register
  • If you are:
    • between 26 and 31 years old when you apply OR
    • between ages 26-29 and applying based on marriage to a U.S. citizen AND
    • you did not register for Selective Service
      • you must provide a status information letter from the Selective Service
      • you can send it with your application, or you can bring it with you to your interview

Another reference of USCIS policy manual.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter7.html

Read under topic B. Selective Service Registration.

Hope this helps!!