N400 Filing - Selective Service Requirement? Should I wait?

[TMDM 15]

Hello all,

I have asked question on this forum previously about this requirement and I think at this stage, with my early filing date approaching in a few months, I am ultimately looking to make a decision on whether I should file or wait. I would like to file here in CA since I plan on moving states next year and know that the time to process the N400 is much longer in the state I want to move too, especially when I consider I would have to wait 3 month to meet the residency requirement. Anyway, my question is this:

I entered the US on the VWP in December 2014, ended up filing my I-485 in February 2015 while I was still 25 years old. I was approved for my green card on July 10, 2015 after turning 26 (I turned 26 on June 18, 2015). I had not registered for the selective service and did not realize I had too until I received my green card in the mail with the leaflet that mentioned it, at which point It was too late! I panicked for the next couple of weeks, attempting to register anyway and show good faith. However, by some luck USCIS registered me and on 10th August 2015 I received notification to say I am registered as of August 10 2015 and I subsequently received a letter in the mail shortly afterwards confirming it. So this is all well, but my worry now is this: My registration date for SSS on the letter I got from SSS is dated AFTER my 26th birthday. At interview and when completing my N400, is this going to cause problems? Will the officer likely wonder why I am showing as registered after my 26th birthday and not before?

My attorney says that I am not required to register while my I485 is pending as I was not considered a resident until I was approved my GC at which point I had already turned 26 but others have said otherwise. SSS themselves said they received my application to register from USCIS in February when I filed my I485 but it wasn't processed until after I became a resident in July 2015 which is why the date of my SSS registration is August 2015 since there is a delay in them processing these. Anyway, I am filing on the three year rule for my citizenship and turn 29 in June this year at which point I won't need to worry about the SSS requirement. But I don't want to put my application on if this is a non issue. Especially with an impending move! I would like to be approved for N400 prior to moving as I know the move presents other problems under the residency rules. Any help or a push in the right direction would be great! 

 

Thanks all
 

[Starkilla09 366]

Your attorney is correct you were not even supposed to be registered since you got your permanent residency after turning 26. While your I-485 was pending you were NOT a permanent resident but rather someone on “authorized stay” and this “status” doesn’t count for this requirement. You would’ve been required to register if at any moment you were unlawfully present after your VWP expired which doesn’t seem to be the case according to your timeline of events since you filed your I-485 while your VWP status was still valid. Go ahead and file your N 400 when your window opens you’ll be fine. By the way the registration doesn’t have any negation as well though.

[CarlHamilton 252]

Listen to your lawyer.

[TMDM 15]

Thanks both. I will file in April as planned! I appreciate your assistance. 

[Haideraaz 19]

you are not required ! thats true  ,, you can always explain to them this point if they ask you !