Selective Service ??

[mr1nice 0]

Hello to all VJ memebers,

I have friend who is trying to apply for citizenship but he did not register with the Selective Service. He came here as refugee when he was 25.5 years old. His case worker (from the agency who helped him) told him that he does not have to apply because he is over 25 years old. But citizenship application said that you have to register until you reach 26th birthday.

Can anybody advice us about this problem?? I am wondering if somebody else had similar situation and what he did.

All help is welcome.

Greetings.

[zyggy 9]

Hello to all VJ memebers,

I have friend who is trying to apply for citizenship but he did not register with the Selective Service. He came here as refugee when he was 25.5 years old. His case worker (from the agency who helped him) told him that he does not have to apply because he is over 25 years old. But citizenship application said that you have to register until you reach 26th birthday.

Can anybody advice us about this problem?? I am wondering if somebody else had similar situation and what he did.

All help is welcome.

Greetings.

If he is over 26 now.. he is screwed... The SSS will not register anyone who is over 26 and there is no retroactive registration.

According to the Selective Service website he was required to register

Some non-citizens are required to register. Others are not. Noncitizens who are not required to register with Selective Service include men who are in the U.S. on student or visitor visas, and men who are part of a diplomatic or trade mission and their families. Almost all other male noncitizens are required to register, including illegal aliens, legal permanent residents, and refugees. The general rule is that if a male noncitizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service.

He should have a consultation with an immigration attorney about this and the consequences of not registering in terms of naturalization.

WHAT CAN YOU DO IF YOU DID NOT REGISTER AND ARE NOW 26 OR OLDER?

If you have passed your 26th birthday and are now being denied eligibility for Federal student financial aid, Federal job training, or Federal employment, or are having difficulty obtaining U.S. citizenship because you failed to register, you have the the following recourse available to you: Explain to the official handling your case (for example, a student financial aid officer) the reasons for your failure to register with Selective Service. A non-registrant may not be denied any benefit if he can "show by a preponderance of evidence" that his failure to register was not knowing and willful. Offer as much evidence supporting your case, and as much detail, as possible.

Edited June 14, 2007 by zyggy

[caybee 21]

He can also request an exemption letter from Selective Service, no charge, if he can prove that his failure to register was not knowing and willful.

http://www.sss.gov/fsmen.htm

He can attach any supporting documents to this form:

http://www.sss.gov/PDFs/SILForm.pdf

Did the caseworker advise him in writing?

He may have a difficult time, but it's worth a shot.

As an aside, a friend who entered the U.S. on a K-1 after age 26 has just been instructed by USCIS to obtain this exemption letter from Selective Service before they will process his AOS. First time I've ever heard of that. It's a good letter to have on file at home anyway if you are a male permanent resident who entered the U.S. after your 26th birthday since some agencies will question your failure to register if you apply for federal jobs, student loans, etc.

[zyggy 9]

SSS generally will not make a determination of intent in issuing a letter.. what the letter is for is to give an ruling a determination on whether or not an individual was required to file with SSS between the gaes of 18 and 26.

I agree that if one entered the US after they turned 26, then SSS would issue the letter. If one entered the US before they turned 26 and didn't register, then SSS would generally NOT issue a letter, but leave it to the agency giving the benefits whether or not the failure to register was willful or not.

But then again, it's free.. why not try and see what happens...

Edited June 14, 2007 by zyggy