Didn't register with selective service

[Nola504 2]

We're getting ready to file for my husband's naturalization soon. I'm not sure what he needs to do about the selective service. He came here at 19 on a tourist visa but overstayed it. He was 31 when he became a LPR. The wording is kinda tricky when I looked it up. Was he supposed to register when he fell out of status when he overstayed his visa? If so, what should we do now?

[Darnell 8,478]

prior to being an LPR, he wasn't eligible to get drafted, so not eligible for selective service.

AFTER getting LPR status, he's eligible if and only if age appropriate.

[NancyNguyen 1,657]

He is at least 35 now so no worries. Good luck.

[Nola504 2]

Ok I read somewhere recently that "out of status" persons are supposed to register. And he was out of status at 20. Neither of us had heard of that before

[Darnell 8,478]

post the url or give a citation -we can vette it for you.

[Dario2012 51]

Ok I read somewhere recently that "out of status" persons are supposed to register. And he was out of status at 20. Neither of us had heard of that before

That's correct. All citizens, LPRs, and those out of status, undocumented, overstayed, etc.., are required to register.

A blurp from selective service site on non-citizens:

Some non-citizens are required to register. Others are not. Non-citizens who are not required to register with Selective Service include men who are in the U.S. on a valid student or visitor visa, and men who are part of a diplomatic or trade mission and their families. Almost all other male non-citizens are required to register, including undocumented immigrants, legal permanent residents, those seeking asylum, and refugees.

And a further note from the site:

NOTE: Non-immigrant men living in the United States on a valid visa are NOT required to register for as long as they remain on a valid visa up until their 26th birthday.

If undocumented person is required to register, then it follows that an overstay (i.e. with an invalid visitor/student/other visa) would be required as well.

Best to check with the selective service system and if he had to register, he must now prove to USCIS it was not done willfully.

Edited February 24, 2016 by Dario2012

[Hypnos 6,576]

prior to being an LPR, he wasn't eligible to get drafted, so not eligible for selective service.

This is not true.

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

All male immigrants between 18 and 25 are required to register unless you entered in a valid nonimmigrant status and maintained that status until your 26th birthday. Otherwise, you need to register.

- EWI must register.

- Tourists who enter and overstay must register.

The OP was required to register, but didn't.

They must obtain a "status information letter" from Selective Service and enclose that original letter with their N-400. Since they are now over 31 then it's won't be a barrier to their obtaining US citizenship, since it is beyond the five year statutory "good conduct" period.

[Nola504 2]

Ok thank you for the information!

[marianath 27]

Do not worry at all.

Based on my experience when I did my Naturalization you can request a STATUS INFORMATION LETTER.

Selective Service Website: https://www.sss.gov/Home/Men-26-and-OLDER

Form to fill up: https://www.sss.gov/Portals/0/PDFs/Status.pdf

Now, you have to explain why you did not Register for Selective Service, just be honest and say you do not know about Selective Service and that you are willing to register and fight for your country anytime. Write this on a separate sheet of paper, sign and date.

Selective Service will then mail you back a response ( I do not remember if mail or email ).

Send this response for your Naturalization.

[Darnell 8,478]

This is not true.

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

All male immigrants between 18 and 25 are required to register unless you entered in a valid nonimmigrant status and maintained that status until your 26th birthday. Otherwise, you need to register.

- EWI must register.

- Tourists who enter and overstay must register.

The OP was required to register, but didn't.

They must obtain a "status information letter" from Selective Service and enclose that original letter with their N-400. Since they are now over 31 then it's won't be a barrier to their obtaining US citizenship, since it is beyond the five year statutory "good conduct" period.

Yup Yup, I was wrong. No poutine for me, for 5 days...