Registered for selective service too late please help

[Mike E 11,745]

I think the  fact you are registered means you were  registered on time.  The system doesn’t let one register after age 26. 

[jeszy 39]

5 hours ago, Demise said:

It's a bit more complicated in this case. Non-immigrants are exempt for the duration of their admission plus 30 days, so 120 days since you entered. https://www.sss.gov/register/who-needs-to-register/#p1

So in your case you'd be required to register sometime in January 2019. If you were already 26 at the time you were exempt and it's not a problem. If not the keep on reading.

There is no provision for "pending AOS" nor anything that would blanket put pending AOS under something else like "treat all AOS applicants as lawful nonimmigrants for duration", which is annoying because it makes donut holes in other laws (like Selective Service Registration or Firearms laws), so you have to look at the underlying status you're adjusting from.

 

If you are seeking to naturalize under a 3 year provision, then yes, failure to register for selective service makes you ineligible to naturalize until you turn 29. Since you are already 29, you'll be fine.

https://www.nolo.com/legal-encyclopedia/naturalization-eligibility-men-who-failed-register-with-the-selective-service.html

Actually both of these are valid for me my entry date + 120 days makes me 26 (barely but still 26) i don’t really understand how did you come up with that number tho.

On the other hand i filed my N400 half a year after my 29th birthday.

 

This was the best answer so far you just made my day. Love this community and deeply grateful for your time. 

Edited August 12, 2022 by jeszy

[Family 4,259]

23 minutes ago, jeszy said:

Actually both of these are valid for me my entry date + 120 days makes me 26 (barely but still 26) i don’t really understand how did you come up with that number tho.

On the other hand i filed my N400 half a year after my 29th birthday.

 

This was the best answer so far you just made my day. Love this community and deeply grateful for your time. 

@Demise ‘s 120 days formula =90 days K-1 (  she argues it’s non-immigrant status) and 30 days window to register 

 

[jeszy 39]

1 minute ago, Family said:

@Demise ‘s 120 days formula =90 days K-1 (  she argues it’s non-immigrant status) and 30 days window to register 

 

Yeah I just calculated it. I have a stamp in my passport for December and if I add the 30 days it makes me 26. I cant believe this i went from hopeless to covered in two ways. Now I just have to correct my document at the interview that I did live in the US before my 26th birthday but I did not have to register because I was a non immigrant. 

[Demise 1,366]

40 minutes ago, Family said:

@Demise ‘s 120 days formula =90 days K-1 (  she argues it’s non-immigrant status) and 30 days window to register 

 

I mean it is a non-immigrant status. A weird one that gets treated as immigrant for some things, but not here. I actually decided to look at the Selective Service Act, and we have Sec 453(a): "The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States."

 

INA 101(a)(15) is the one that contains the definitions for all the non-immigrant statuses that a normal person would call a "visa", and you guessed it, under INA 101(a)(15)(K) we have K visas.

 

The words fiance, fiancee, or 101(a)(15)(K) doesn't appear in the selective service act, so that section is controlling, whether you're a tourist, worker, foreign dignitary, or fiance.

 

@jeszy

 

 

Edited August 12, 2022 by Demise

[jeszy 39]

5 minutes ago, Demise said:

I mean it is a non-immigrant status. A weird one that gets treated as immigrant for some things, but not here. I actually decided to look at the Selective Service Act, and we have Sec 453(a): "The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States."

 

INA 101(a)(15) is the one that contains the definitions for all the non-immigrant statuses that a normal person would call a "visa", and you guessed it, under INA 101(a)(15)(K) we have K visas.

 

@jeszy

 

 

I think you are correct. 

This is the question on the N400:

 

"Are you a male who lived in the United States at any time between your 18th and 26th birthdays?

(This does not include living in the United States as a lawful nonimmigrant.)"

 

Including that addition under.

 

Now the question is what am I between the expired K1 visa and green card. Because I have 30 days between that any my 26th Birthday so I dont even know how to answer this question (I put NO originally)

 

EDIT: I would assume I am a nonimmigrant until the green card hance the name adjustment of status. 

Edited August 12, 2022 by jeszy

[Demise 1,366]

6 minutes ago, jeszy said:

I think you are correct. 

This is the question on the N400:

 

"Are you a male who lived in the United States at any time between your 18th and 26th birthdays?

(This does not include living in the United States as a lawful nonimmigrant.)"

 

Including that addition under.

 

Now the question is what am I between the expired K1 visa and green card. Because I have 30 days between that any my 26th Birthday so I dont even know how to answer this question (I put NO originally)

 

EDIT: I would assume I am a nonimmigrant until the green card hance the name adjustment of status. 

Technically you are out of status between K-1 expiration and AOS being approved and you just hang around by pending AOS being a period of authorized stay.

 

From this page: https://www.sss.gov/register/who-needs-to-register/#p1 I'm basing it all on "... and all males with visas of any kind which expired more than 30 days ago", so a male with a visa of any kind which expired LESS than 30 days ago wouldn't be required to register yet.

 

I'd answer yes and attach a sheet explaining the circumstances, something as simple as this will do:

I entered as a lawful K-1 nonimmigrant on [date].

My period of admission expired on [date].

As per SSS, a lawful nonimmigrant is not required to register until 30 days after his admission expires.

During this 30 day period, I turned 26 on [date] and thus was not required to register.

Edited August 12, 2022 by Demise

[jeszy 39]

1 minute ago, Demise said:

Technically you are out of status between K-1 expiration and AOS being approved and you just hang around by pending AOS being a period of authorized stay.

 

From this page: https://www.sss.gov/register/who-needs-to-register/#p1 I'm basing it all on "... and all males with visas of any kind which expired more than 30 days ago", so a male with a visa of any kind which expired LESS than 30 days ago wouldn't be required to register yet.

 

I'd answer yes and attach a sheet explaining the circumstances, something as simple as this will do:

I entered as a lawful K-1 nonimmigrant on [date].

My period of admission expired on [date].

As per SSS, a lawful nonimmigrant is not required to register until 30 days after his admission expires.

During this 30 day period I turned 26 and thus was not required to register.

I already filed my interview is next month.

[Demise 1,366]

Just now, jeszy said:

I already filed my interview is next month.

Just raise this under the interview, but honestly, even if the agent is fishy about it all, you'd still get over it by being over 29, so relax, it's Friday, kick back and stop panicking.

[mitzab 304]

10 minutes ago, jeszy said:

I already filed my interview is next month.

https://www.sss.gov/verify/

 

you can find out and download the verification document. 

 

Honestly I did not even know I registered when I first landed as an immigrant and was sweating bricks before my interview.

 

Don't worry too much about it.

[EM_Vandaveer 2,417]

18 hours ago, jeszy said:

it was only 5 months until I turned 26 after. 

Can a denial cause issues if I apply again at 31?  

Koszi

It can't cause an issue after age 31, if you apply at age 31, you'll have the 5-year "good moral character".

However, it sounds like you turned 26 before you had to register AND you registered at some point, anyway.

I don't see this causing a problem.

Edited August 12, 2022 by EM_Vandaveer

[arken 4,197]

You can relax and enjoy now on up to your interview, the CO wouldn't even talk about SS since your are registered or got GC after 26,  get it approved and then enjoy more OR you can just beat yourself with stuffs for no reason all this long. Your choice.

[jeszy 39]

Thank you all for your help, it was even confusing for the officer.

Anyways I am now scheduled for the Oath ceremony.

[bakphx1 789]

2 hours ago, jeszy said:

Thank you all for your help, it was even confusing for the officer.

Anyways I am now scheduled for the Oath ceremony.

Congratulations!!!🎈🎉