Naturalization and selective service

[wilkings0224 28]

Hi there ...

 

I was filling the N400 for my brother, and when we got to the question about the selective service number, we learn that he failed to apply when he got to the country, he came when he was 20, but now he is 42..... And as you might know, you gotta apply if you enter to the country between 18 to 26 years old.... So, what can he do?

Will USCIS deny the citizenship application?

Thanks...

[arken 4,197]

17 minutes ago, wilkings0224 said:

Hi there ...

 

I was filling the N400 for my brother, and when we got to the question about the selective service number, we learn that he failed to apply when he got to the country, he came when he was 20, but now he is 42..... And as you might know, you gotta apply if you enter to the country between 18 to 26 years old.... So, what can he do?

Will USCIS deny the citizenship application?

Thanks...

Only if you brother was the US resident before 26. In any case, he is already 42, so don’t worry, won’t be denied citizenship due to that.

[Sextus Empiricus 15]

Nobody can tell you conclusively if they will deny the application. Failure to register for Selective Service is not a permanent bar to naturalization. In general, USCIS will find an applicant ineligible for naturalization on account of failure to register for Selective Service if a male applicant refuses to or knowingly and willfully failed to register during the period for which the applicant is required to establish his disposition to the good order and happiness of the United States.

 

USCIS will make their own determination of what is knowing and willful. Have your explanation ready, and hope. It is more than five years ago so the chances are unlikely they will deny for that.

Edited June 14, 2019 by Sextus Empiricus

[USS_Voyager 1,972]

25 minutes ago, wilkings0224 said:

Hi there ...

 

I was filling the N400 for my brother, and when we got to the question about the selective service number, we learn that he failed to apply when he got to the country, he came when he was 20, but now he is 42..... And as you might know, you gotta apply if you enter to the country between 18 to 26 years old.... So, what can he do?

Will USCIS deny the citizenship application?

Thanks...

You will fine this link helpful: https://citizenpath.com/failing-register-selective-service/

 

In general, if he is over 31, this will not be an issue. The other thing, did he come as a permanent resident, or other non-immigrant status. You are required to registered only if you were a permanent resident between 18 and 26. 

[wilkings0224 28]

2 minutes ago, Sextus Empiricus said:

Nobody can tell you conclusively if they will deny the application. Failure to register for Selective Service is not a permanent bar to naturalization. In general, USCIS will find an applicant ineligible for naturalization on account of failure to register for Selective Service if a male applicant refuses to or knowingly and willfully failed to register during the period for which the applicant is required to establish his disposition to the good order and happiness of the United States.

 

USCIS will make their own determination of what is knowing and willful. Have your explanation ready, and hope. It is more than five years ago so the chances are unlikely they will deny for that.

Thanks for the reply....

I understand, he just didn't know about selective service at all until I ask him for his SS number, i was surprised since I did apply when I came and he enter the country before me!

I told him to apply anyway for the selective service, and they will send him a letter telling him that he don't qualify because of his age, and them he can send that letter to USCIS with the N400 application along with the explanation why he failed to fill out in the due time!

[wilkings0224 28]

11 minutes ago, arken said:

Only if you brother was the US resident before 26. In any case, he is already 42, so don’t worry, won’t be denied citizenship due to that.

Thanks for the reply... Yes but he was a US resident before 26, so he had the duty to apply, that's why he is a lil concerned

[wilkings0224 28]

5 minutes ago, USS_Voyager said:

You will fine this link helpful: https://citizenpath.com/failing-register-selective-service/

 

In general, if he is over 31, this will not be an issue. The other thing, did he come as a permanent resident, or other non-immigrant status. You are required to registered only if you were a permanent resident between 18 and 26. 

Thanks for the link, he was a permanent resident by the registration time frame

[arken 4,197]

7 minutes ago, wilkings0224 said:

Thanks for the reply... Yes but he was a US resident before 26, so he had the duty to apply, that's why he is a lil concerned

As already said, once a person turns 31, No need to worry about it even if he didn’t do it intentionally, your brother is already 42.

 

 

https://www.sss.gov/Portals/0/PDFs/PrinterFriendly/USCIS Naturalization _ SSS registration policy.pdf

 

Edited June 14, 2019 by arken

[wilkings0224 28]

1 hour ago, arken said:

As already said, once a person turns 31, No need to worry about it even if he didn’t do it intentionally, your brother is already 42.

 

 

https://www.sss.gov/Portals/0/PDFs/PrinterFriendly/USCIS Naturalization _ SSS registration policy.pdf

 

Thanks alot, that really helped!

[HRQX 4,145]

13 hours ago, USS_Voyager said:

You are required to registered only if you were a permanent resident between 18 and 26. 

Not just LPRs. https://www.sss.gov/Registration-Info/Who-Registration

Quote

NON-CITIZENS

With very few exceptions, all males between ages 18 and 25 must register with the Selective Service System (SSS) within 30 days of arriving in the United States. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas of any kind which expired more than 30 days ago. The few individuals who are exempt from this requirement are those on current non-immigrant visas. A complete list of acceptable documentation for exemption may be found here.

 

[laylalex 7,289]

3 hours ago, Hypnos said:

It must be an excellent view from your ivory tower up in the clouds.

 

Selective Service is about a big a bunch of bullshit as there is. Ignoring the blatant sexual discrimination (as in it only applies to men and not women), it was designed for a different time. In the modern era it is an anachronism, and will hopefully soon go away when a long-term review currently being conducted comes back in the next year or so. It was already declared unconstitutional by a federal court in Texas earlier this year, which will hopefully hasten its demise.

 

Few other countries have similar registration systems, hence this question coming up more often than most since for many men it comes out of left field — even for those from developed countries (because few other western countries think something like a military draft is a good idea).

 

Only a "knowing and willful" failure to register for Selective Service is a federal offence, and there is a five year statute of limitations, plus the Department of Justice stopped prosecuting individuals over it in 1988, with the last prosecution taking place in 1986.

 

It's a stupid system that is somehow still the law, but will hopefully not be for much longer.

 

Thank you -- I thought it was just me that thought that was a little high-handed! I can't imagine what other kinds of penalties that poster would think of for failing to register when it was a genuine oversight. People make mistakes -- genuine mistakes -- all the time, and not every error should end up with a punishment. 

[Ontarkie 14,231]

~~Thread locked to further replies the OP has been given correct answers. Judgmental post and those quoting removed. Stick to answering the questions ask only.~~