Selective Service Requirement for N400 - Am I okay?

[TMDM 15]

Hello all,

I am trying to understand the SSS requirement for my naturalisation application for which I am eligible to apply for in April 2018. I applied for my I485 in February 2015 when I was 25 years old and was approved my green card July 10th, 2015 once I had turned 26. I did not register for Selective Service, not unwillingly but because I simply did not know about the requirement until I received my green card with the leaflet that came with it that mentioned that it is a requirement. Anyway, I called SSS as soon as I saw this leaflet and they advised I had not been registered with them in the system and that it was now too late because I was 26 years old. They did advise to check back in a few months as usually USCIS will register for you when you submit the I485. I did just this, I checked back in August and low and behold, I was registered with the confirmation and proof of registration dated August 10, 2015. I called SSS and asked how and when I was registered and they advised that they received my application for SSS in February 2015 when my I485 was filed but my registration was completed in August (2 months after my 26th birthday). I called USCIS to check on this issue and SSS a few more times, each time being advised that I wasn't even required to register because I was in a non immigrant status until after my 26th birthday and also that I wouldn't have even been able to register and have proof of registration IF I tried to apply after I was 26 and they advised that the fact that I had proof of registration is all I needed. 

My lawyer who is dealing with my naturalisation application however is saying otherwise. He states that because of the date on the proof of registration shows August 10th, 2 months after my 26th birthday, USCIS may deny the application. Further, he said I would have to wait until I am 31 years old before the bar from my applying is removed. Could someone clarify this for me? Any input and advice would be great. Thanks so much!

Edited January 1, 2018 by TMDM
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[payxibka 10,047]

6 minutes ago, TMDM said:

Hello all,

I am trying to understand the SSS requirement for my naturalisation application for which I am eligible to apply for in April 2018. I applied for my I485 in February 2015 when I was 25 years old and was approved my green card July 10th, 2015 once I had turned 26. I did not register for Selective Service, not unwillingly but because I simply did not know about the requirement until I received my green card with the leaflet that came with it that mentioned that it is a requirement. Anyway, I called SSS as soon as I saw this leaflet and they advised I had not been registered with them in the system and that it was now too late because I was 26 years old. They did advise to check back in a few months as usually USCIS will register for you when you submit the I485. I did just this, I checked back in August and low and behold, I was registered with the confirmation and proof of registration dated August 10, 2015. I called SSS and asked how and when I was registered and they advised that they received my application for SSS in February 2015 when my I485 was filed but my registration was completed in August (2 months after my 26th birthday). I called USCIS to check on this issue and SSS a few more times, each time being advised that I wasn't even required to register because I was in a non immigrant status until after my 26th birthday and also they I wouldn't have even been able to register and have proof of registration IF I tried to apply after I was 26 and they advised that the fact that I had proof of registration is all I needed. 

My lawyer who is dealing with my naturalisation application however is saying otherwise. He states that because of the date on the proof of registration shows August 10th, 2 months after my 26th birthday, USCIS may deny the application. Further, he said I would have to wait until I am 31 years old before the bar from my applying is removed. Could someone clarify this for me? Any input and advice would be great. Thanks so much!

How did you arrive in the USA and on what basis did you file the I-485

[TMDM 15]

15 minutes ago, payxibka said:

How did you arrive in the USA and on what basis did you file the I-485

I arrived on the Visa Waiver Program and filed in February 2015 to adjust my status to permanent resident as I got married. 

[payxibka 10,047]

2 minutes ago, TMDM said:

I arrived on the Visa Waiver Program and filed in February 2015 to adjust my status to permanent resident as I got married. 

As I understand the system, you were not required to register with the SSS until your greencard was approved as that is when you went from visitor to resident and then must register within 30 days

[Hypnos 6,578]

Provided you were in a valid and bona fide nonimmigrant status every day up until your 26th birthday then you weren't obligated to register for SSS. 

 

You may wish to obtain a status information letter from SSS. This will give all details on your registration. 

 

https://www.sss.gov/Registration/Status-Information-Letter

Edited January 1, 2018 by Hypnos

[TMDM 15]

2 minutes ago, Hypnos said:

Provided you were in a valid and bona fide nonimmigrant status every day up until your 26th birthday then you weren't obligated to register for SSS. 

 

You may wish to obtain a status information letter from SSS. This will give all details on your registration. 

 

https://www.sss.gov/Registration/Status-Information-Letter

Thanks for your reply. I was here on the non immigrant Visa Waiver Program, upon filing my I485, I am not sure what status I was in. I was no longer on the VWP but I wasn't approved for my permanent resident so I do not know if this period is considered an immigrant status or not. Thanks.

[Hypnos 6,578]

What date did your VWP status expire, and was this before or after your 26th birthday? 

Edited January 1, 2018 by Hypnos

[payxibka 10,047]

3 minutes ago, TMDM said:

Thanks for your reply. I was here on the non immigrant Visa Waiver Program, upon filing my I485, I am not sure what status I was in. I was no longer on the VWP but I wasn't approved for my permanent resident so I do not know if this period is considered an immigrant status or not. Thanks.

You retain your entry status until you are adjusted to something else.  You are pending in the in between 

Edited January 1, 2018 by payxibka

[TMDM 15]

Just now, Hypnos said:

What date did your VWP status expire, and was this before or after your 26th birthday? 

I don't have the exact date but my VWP expired in March 2015 which was before my 26th birthday. 

[Hypnos 6,578]

Then likely you were obligated to register. Pending AoS doesn't count, I believe. Technically, it isn't a status. 

[TMDM 15]

1 minute ago, Hypnos said:

Then likely you were obligated to register. Pending AoS doesn't count, I believe. Technically, it isn't a status. 

I see. It is interesting that I get so much conflicting information on this. Even USCIS don't seem to have a definitive answer. I called them and was advised that I didn't have to apply until after I became an immigrant after receiving my green card approval. Which at this point, I was 26 already. Very confusing indeed! 

[Hypnos 6,578]

It's not anything to do with USCIS. SSS would be the people to ask. 

 

All USCIS do is transmit your application to SSS automatically when you file an I-485, and that's it. 

 

Absolute worst-case scenario is that you cannot be naturalised until you are 31, but given that you are actually registered then I think that's extremely unlikely. 

 

As I said, I would obtain a status information letter from SSS and see what it says. I've done this myself and it takes 1-2 weeks to receive it. 

[payxibka 10,047]

I can see a potential black hole that the moment your VWP expired that you technically went out of status and the 30 day clock began to tick

[TMDM 15]

Thanks again for the responses, I will do the status information letter and see what it comes back with. I have spoken to SSS previously who advised me that in their system, it shows that my application was transmitted to them in February 2015 when I applied for my I485 but the actual date of registration was August 2015 after I had been approved for me Green card and AFTER my 26th birthday. But the confirmation and proof of my registration shows August 2015. 

[Valor 131]

OMG this is making me nervous, I was not aware of the Selective Service System at all(Was on nonimmigrant visa before). I had my GC interview couple days before turning 26 and was approved on spot. Received the actual GC few days after my 26 birthday.  So I just went to the SSS site and found out I was registered on the exact day of my 26th birthday and there was a PDF file I could download showing the proof of registration. The site also indicate one has to registered after 18 and before 26. So am I considered late?

Edited January 2, 2018 by tbone1991