CR1 VISA

[balladjone 1]

some one who didn't register for US selective service since he was 24 years old and now he is 40 years old . his N-400 was denied because he didn't not register for selective service ?

the question is that he already filled I-130 to petition his spouse . his wife she questioning whether she will be approved to join him to the US OR not because he didn't register for an army .?/

 

your help is greatly appreciated .

Edited March 17, 2018 by balladjone

[Boiler 45,549]

Once you are past 31 you are OK so sounds like something else.

 

A LPR can ;petition for a spouse just takes longer.

[Crazy Cat 41,898]

From Murthylaw:

 

" From the age of 31 onward, more than five years would have elapsed since his failure to register could have occurred, and therefore this alone would not be sufficient to deny the naturalization application. "

 

When was his N-400 denied?  If it was after he was 31 years old, it must have been fo rsome other reason.

 

and she will not enter the US via a CR-1.

Edited March 17, 2018 by missileman

[Cyberfx1024 7,980]

20 minutes ago, balladjone said:

some one who didn't register for US selective service since he was 24 years old and now he is 40 years old . his N-400 was denied because he didn't not register for selective service ?

the question is that he already filled I-130 to petition his spouse . his wife she questioning whether she will be approved to join him to the US OR not because he didn't register for an army .?/

 

your help is greatly appreciated .

Signing up for the selective service is not signing up for the Army.

[balladjone 1]

Just now, cyberfx1024 said:

Signing up for the selective service is not signing up for the Army.

yes I knew this thanks . his wife she questioning because he didn't get his citizenship .

[Crazy Cat 41,898]

Just now, balladjone said:

yes I knew this thanks . his wife she questioning because he didn't get his citizenship .

When did he submit his application?  When was it denied?

[balladjone 1]

11 minutes ago, missileman said:

From Murthylaw:

 

" From the age of 31 onward, more than five years would have elapsed since his failure to register could have occurred, and therefore this alone would not be sufficient to deny the naturalization application. "

 

When was his N-400 denied?  If it was after he was 31 years old, it must have been fo rsome other reason.

 

and she will not enter the US via a CR-1.

his wife is saying that he went for his oath on 2009 and was denied because he didn't register for SS

[Cyberfx1024 7,980]

1 minute ago, balladjone said:

his wife is saying that he went for his oath on 2009 and was denied because he didn't register for SS

Well why is he just now doing something about it, and is he still a PR now

Edited March 17, 2018 by cyberfx1024

[Crazy Cat 41,898]

2 minutes ago, balladjone said:

his wife is saying that he went for his oath on 2009 and was denied because he didn't register for SS

Then he can refile since he has now had more than 5 years of good moral character established....per my understanding...

Edited March 17, 2018 by missileman

[balladjone 1]

1 minute ago, missileman said:

When did he submit his application?  When was it denied?

2009 may be 2010 i'm not too sure

[balladjone 1]

1 minute ago, missileman said:

Then he can refile since he has now had more than 5 years of good moral character established....per my understanding...

thanks . what about his pending I-130 FOR HIS SPOUSE you think it should be ok regardless ?

[Crazy Cat 41,898]

Just now, balladjone said:

thanks . what about his pending I-130 FOR HIS SPOUSE you think it should be ok regardless ?

Yes., unless he petitioned as a US citizen........if he did that, then a whole new can of worms is opened....

[balladjone 1]

3 minutes ago, cyberfx1024 said:

Well why is he just now doing something about it, and is he still a PR now

it's good question I'm just here to try  helping  her to understood that this may be will impact her PENDING  I-130 .

[Crazy Cat 41,898]

From Shusterman.com:

 

"

Applicants Over 31 Years of Age

Failure to register for Selective Service will generally not prevent a man who was over 31 years of age on the day he filed his naturalization application from demonstrating that he is eligible for naturalization. Even if the applicant was required to register and the applicant’s failure to register was knowing and willful, the failure occurred outside of the statutory period during which the applicant is required to establish his attachment to the good order and happiness of the United States. The INS may, of course, consider a person’s conduct before the beginning of this period. INA § 101(f) (last sentence) and § 316(e). If the INS denies naturalization to a man who is at least 31, based on his failure to register with Selective Service, the decision must state explicitly the basis for finding that the failure to register warrants denial of naturalization. As a practical matter, a male applicant over 31 years of age who failed to register with Selective Service should, ordinarily, be found eligible for naturalization unless INS has other evidence, in addition to the past failure to register, that demonstrates that the applicant is not well disposed to the good order and happiness of the United States.

"

[balladjone 1]

2 minutes ago, missileman said:

From Shusterman.com:

thanks very much !!

"

Applicants Over 31 Years of Age

Failure to register for Selective Service will generally not prevent a man who was over 31 years of age on the day he filed his naturalization application from demonstrating that he is eligible for naturalization. Even if the applicant was required to register and the applicant’s failure to register was knowing and willful, the failure occurred outside of the statutory period during which the applicant is required to establish his attachment to the good order and happiness of the United States. The INS may, of course, consider a person’s conduct before the beginning of this period. INA § 101(f) (last sentence) and § 316(e). If the INS denies naturalization to a man who is at least 31, based on his failure to register with Selective Service, the decision must state explicitly the basis for finding that the failure to register warrants denial of naturalization. As a practical matter, a male applicant over 31 years of age who failed to register with Selective Service should, ordinarily, be found eligible for naturalization unless INS has other evidence, in addition to the past failure to register, that demonstrates that the applicant is not well disposed to the good order and happiness of the United States.

"