Successful N400 without Selective Service selected years ago

[cookiemonster06 3]

My partner got his GC through employment years ago and was not aware of selective service. He's 29 and was not knowingly or willfully failed to register. When he found out, he checked his files and also the online verification site. We know he can wait until 31 but wanted to see whether anyone passed their N400 without selective service and was under 31? We're thinking of providing a written sworn statement from him, etc. as evidence. 

 

Edited October 2, 2023 by cookiemonster06
Missing info

[Crazy Cat 41,611]

30 minutes ago, cookiemonster06 said:

We're thinking of providing a written sworn statement from him, etc. as evidence

What kind of sworn statement?  The law is the law.

[cookiemonster06 3]

2 minutes ago, Crazy Cat said:

What kind of sworn statement?  The law is the law.

That was not willingly and knowingly failed to register. I was reading online and while this is not a unique situation, it seems like you either wait until your 31 or write a sworn affidavit that you did not willingly and knowingly failed to register, etc. with a potential lawyers help. 

 

Yes, the law is the law but just seeing if anyone has completed their naturalization process successfully similar to this or waited until their 31. 

[Crazy Cat 41,611]

1 minute ago, cookiemonster06 said:

That was not willingly and knowingly failed to register. I was reading online and while this is not a unique situation, it seems like you either wait until your 31 or write a sworn affidavit that you did not willingly and knowingly failed to register, etc. with a potential lawyers help. 

 

Yes, the law is the law but just seeing if anyone has completed their naturalization process successfully similar to this or waited until their 31. 

I'm not an expert in that area.  @Mike E

[Mike E 11,739]

37 minutes ago, cookiemonster06 said:

My partner

As in your spouse?

 

2 minutes ago, cookiemonster06 said:

it seems like you either wait until your 31 or write a sworn affidavit that you did not willingly and knowingly failed to register, etc. with a potential lawyers help

Actually the process is:

 

* wait until age 31

 

* provide a status information letter from Selective Service

 

* write a statement (does not have to be notarized) explaining why you did not register. Was the GC from I-485?

 

However the answer to my first question might alter the above.

[cookiemonster06 3]

6 minutes ago, Mike E said:

As in your spouse?

 

Actually the process is:

 

* wait until age 31

 

* provide a status information letter from Selective Service

 

* write a statement (does not have to be notarized) explaining why you did not register. Was the GC from I-485?

 

However the answer to my first question might alter the above.

Yep, partner as in spouse / husband. He got his GC from Employment based (I-485) back in 2019. 

[Mike E 11,739]

Just now, cookiemonster06 said:

Yep, partner as in spouse / husband.

Are you a U.S. citizen?

Just now, cookiemonster06 said:

He got his GC from Employment based (I-485) back in 2019. 

I-485 in 2019 would have said that USCIS would automatically register him. If at the time he did not have an SSN, it is possible he is registered. He should call  SSS to see if he was registered. If so, he can provide his SSN to SSS to add his SSN to his record.

 

If not, he can do an FOIA on his I-485, which will show that USCIS dropped the ball. While I doubt this will be enough to waive the requirement to wait before age 31 to file N-400, it will form the basis for his statement as to why he did not register: “because I assumed USCIS would do what it said it would do”.

 

 

 

[cookiemonster06 3]

10 minutes ago, Mike E said:

Are you a U.S. citizen?

I-485 in 2019 would have said that USCIS would automatically register him. If at the time he did not have an SSN, it is possible he is registered. He should call  SSS to see if he was registered. If so, he can provide his SSN to SSS to add his SSN to his record.

 

If not, he can do an FOIA on his I-485, which will show that USCIS dropped the ball. While I doubt this will be enough to waive the requirement to wait before age 31 to file N-400, it will form the basis for his statement as to why he did not register: “because I assumed USCIS would do what it said it would do”.

 

 

 

No, I'm not. He's my petitioner for my GC via Consulate right now so him being able to apply for naturalization and being able to convert from F2A would be super duper helpful. 

 

That's what I thought too re the automatic registration but he checked, not found in the selected service system and he had his SSN way before his Green Card. Thanks for all this info -- it's helpful. 

 

Edited October 2, 2023 by cookiemonster06

[Mike E 11,739]

22 minutes ago, cookiemonster06 said:

No, I'm not. He's my petitioner for my GC via Consulate right now so him being able to apply for naturalization and being able to convert from F2A would be super duper helpful. 

Given your situation, it is worthwhile for him to make the attempt, and make the argument USCIS should have registered him. 
 

Were you married to him before he became an LPR?

Edited October 2, 2023 by Mike E

[cookiemonster06 3]

5 minutes ago, Mike E said:

Given your situation, it is worthwhile for him to make the attempt, and make the argument USCIS should have registered him. 
 

Were you married to him before he became an LPR?

that's what I'm thinking as well. Thanks for that. 

 

Nope, not married before he became an LPR. 

[Pinkrlion 2,711]

He should have gotten a pamphlet in the envelope with his green card about registering. 

[Thunderbolt 172]

Did he ever applied for drivers license or any form of ID? I think 41 states require SS registration when dealing with DMV/MVA 

When I moved to another state about 5 years ago, I had to provide my Selective Service number on my driver license (just transferring from state to state).

 

I had no idea that you can go to prison for not registering for SS. 

 

What happens if I don't register for Selective Service?

 

 

If required to register with Selective Service, failure to register is a felony punishable by a fine of up to $250,000 and/or 5 years imprisonment. Also, a person who knowingly counsels, aids, or abets another to fail to comply with the registration requirement is subject to the same penalties.

 

§ 46.2-221.1. Registration with Selective Service required for issuance of learner's permits, driver's licenses, commercial driver's licenses, and special identification cards to certain applicants.

A. Every male applicant for a learner's permit, driver's license, commercial driver's license, special identification card, or renewal of any such permit, license, or card who is less than twenty-six years old and is either a citizen of the United States or an immigrant shall, at the time of his application, be registered in compliance with the requirement of section 3 of the Military Selective Service Act, 50 U.S.C. § 3801 et seq.

[Ontarkie 14,193]

~~Moved to Us Citizenship General Discussion, from IR1/CR1 P&P - the topic is about selective service requirement and the N400~~