Selective Service and N-400

[randomstairs 303]

How to answer 44a on N-400 regarding selective service? It reads: "Are you a male who lived in the United States at any time between your 18th and 26th birthdays?" but then it says underneath: "This does not include living in the US as lawful nonimmigrant." 

I lived in the US as lawful non-immigrant (F1) during that time. But I am also way over 31 and "applicants for naturalization who are over age 31 are eligible for naturalization even if they knowingly and willfully failed to register." So what happens if:

 

1) Answer "yes" and ignore the rest of the question and provide no evidence of non-immigrant status because I don't claim exemption based on it (but rather based on my age). 

2) Answer "no" based on ""This does not include living in the US as lawful nonimmigrant." "

3) Leave it unanswered

 

How did other applicants go about it?

 

[Crazy Cat 41,850]

Answer "No" since your presence was as F1

Edited June 29, 2018 by missileman

[geowrian 22,337]

Sounds like a "no" to me since you got your green card in 2018 and over 26. Until you got your green card, you were a non-immigrant, so it didn't apply to you.

 

That said...on what basis are you filing an N-400? You won't qualify until 2021 if married (and remain married) to a USC , or 2023 otherwise.

Edited June 29, 2018 by geowrian

[randomstairs 303]

1 minute ago, missileman said:

Answer "No"

 

Just now, geowrian said:

Sounds like a "no" to me since you got your green card in 2018 and over 26. Until you got your green card, you were a non-immigrant, so it didn't apply to you.

 

That said...on what basis are you filing an N-400? You won't qualify until 2021 if married (and remain married) to a USC , or 2023 otherwise.

Thank you both! But is there a risk of misrepresentation if I answer "no", based on the standalone question? (I was in fact in the US at that time - but as a non-immigrant.) I understand that I was not required to register. The question seems misleading. It should have read something like: "Are you a male who lived in the United States, in other than lawful non-immigrant status, at any time between your 18th and 26th birthdays?" 

 

I will be filing in 2023 based on my EB GC. Just doing all the early preparations now  

[geowrian 22,337]

Just now, randomstairs said:

Thank you both! But is there a risk of misrepresentation if I answer "no", based on the standalone question? (I was in fact in the US at that time - but as a non-immigrant.) I understand that I was not required to register. The question seems misleading. It should have read something like: "Are you a male who lived in the United States, in other than lawful non-immigrant status, at any time between your 18th and 26th birthdays?" 

 

I will be filing in 2023 based on my EB GC. Just doing all the early preparations now  

I wouldn't see any reason for misrepresentation. The question could be more clearly worded, but it's basically asking if you were required to register at any point and you were not.

 

Wow...very early! Things could change by then (not likely with naturalization, but anything could happen).

[Crazy Cat 41,850]

There is no misrepresentation  if you were a non-immigrant during the time you were here.  It is asking about presence in the US as an immigrant.

Edited June 29, 2018 by missileman

[randomstairs 303]

26 minutes ago, geowrian said:

I wouldn't see any reason for misrepresentation. The question could be more clearly worded, but it's basically asking if you were required to register at any point and you were not.

 

Wow...very early! Things could change by then (not likely with naturalization, but anything could happen).

Makes sense. Yes, things could change. I just hope they don't pull John Adams for naturalization again  

[Ontarkie 14,222]

~~Moved to US Citizenship, from General Immigration discussion.~~

[CarlHamilton 252]

The answer is no.

[randomstairs 303]

So the Avvo attorneys favor the "Yes" as the correct answer. This is really confusing now. If I hire an attorney they might favor the same. Is there anyone who filed N-400 in similar circumstances?

[CarlHamilton 252]

39 minutes ago, randomstairs said:

So the Avvo attorneys favor the "Yes" as the correct answer. This is really confusing now. If I hire an attorney they might favor the same. Is there anyone who filed N-400 in similar circumstances?

Link to Avvo?  The questions and instructions couldn't be clearer, so I'd like to know which lawyer reads it as a yes.

[randomstairs 303]

1 hour ago, shomer said:

Link to Avvo?  The questions and instructions couldn't be clearer, so I'd like to know which lawyer reads it as a yes.

It could've been clearer. The statement: "This does not include living in the United States as a lawful nonimmigrant" could've been inserted into the question.

 

Otherwise the answer to the standalone question would still require me to answer "yes" and provide evidence for nonimmigrant status to address the "this does not include living in the United States as a lawful nonimmigrant" part. 

 

Avvo links: https://www.avvo.com/legal-answers/what-to-answer-in-question-26-selective-services---3376584.html

https://www.avvo.com/legal-answers/n-400-question-regarding-selective-service-3679484.html

[CarlHamilton 252]

16 minutes ago, randomstairs said:

It could've been clearer. The statement: "This does not include living in the United States as a lawful nonimmigrant" could've been inserted into the question.

 

Otherwise the answer to the standalone question would still require me to answer "yes" and provide evidence for nonimmigrant status to address the "this does not include living in the United States as a lawful nonimmigrant" part. 

 

Avvo links: https://www.avvo.com/legal-answers/what-to-answer-in-question-26-selective-services---3376584.html

https://www.avvo.com/legal-answers/n-400-question-regarding-selective-service-3679484.html

Sounds like you have 5 years to figure it out.  Good luck!