Question about Selective Service on Citizenship Form N-400

[drigenhughes 0]

Hi everyone. We are in the process of filing for Citizenship (form N-400). 

On page 9 of the form #22.a. "Are you a person born as a male who lived in the United States at any time between your 18th and 26th birthdays? (Do not select "Yes" if you were a lawful nonimmigrant for all of that time period.)

then the box has either Yes or No as the option

 

I am confused by "lawful nonimmigrant"

My husband came on a K1 fiance visa and has his current green card. He came when he was 25 years old.

 

I think that maybe I should be marking YES to 22.a.

Then:  22.b:  If you answered "Yes," to iten 22.a., did you register for the Selective Service?

We were told by a lawyer that when he signed his K1 visa application it stated in a box near the signature something that acknowledged he would automatically be signed up for the selective service.  BUT then on 22.c. it wants provided information about your registration and asked for date registered and selective service number

 

Any advice on how to proceed with this part would be greatly appreciated

THANK YOU SOOOOO MUCH!!!!!!

 

 

[OldUser 7,158]

Was your husband under 26 when he became LPR? If yes, he should have registered for selected service. And he should answer "Yes".

 

If he was 26 or older when his GC was approved, then it's not a problem. He should answer "No".

Edited November 21, 2024 by OldUser

[OldUser 7,158]

If he was under 26 when he got GC, you should check registration status https://www.sss.gov/verify/ and upload it as a proof.

Edited November 21, 2024 by OldUser

[Crazy Cat 42,028]

6 hours ago, drigenhughes said:

I am confused by "lawful nonimmigrant"

It means "Green Card holder"...that happened when his I-485 was approved.

Edited November 21, 2024 by Crazy Cat

[JeanneAdil 6,605]

Its in the petition I 485 that this is done

 

page 6 in instructions

 

Selective Service. Most males between 18 and 26 years of age are required by the Military Selective Service Act to register with the Selective Service System. Nonimmigrants are not required to register. If USCIS approves your application, we will send your name, current address, Social Security number, date of birth, and the date you filed the application to the Selective Service System for registration. Men can register at a local post office or at the website, www.sss.gov.

[SusnOwen 160]

We went through the same - I had checked yes on the box on whichever form, but never got proof of his registration and checking the site didn't show that he was registered. I went on the site and registered him, and printed the confirmation.  The officer asked for that at his naturalization interview.

[drigenhughes 0]

On 11/22/2024 at 4:19 AM, SusnOwen said:

We went through the same - I had checked yes on the box on whichever form, but never got proof of his registration and checking the site didn't show that he was registered. I went on the site and registered him, and printed the confirmation.  The officer asked for that at his naturalization interview.

My husband is now 37 and way past the requirement age of 18-26. Do you think I should still go on and register him anyway? A lawyer told me that in for I-485, after he signed the form there is a statement on their that says "I acknowledge I am automatically entered into the Selective service........"

thanks for your help

[OldUser 7,158]

58 minutes ago, drigenhughes said:

My husband is now 37 and way past the requirement age of 18-26. Do you think I should still go on and register him anyway? A lawyer told me that in for I-485, after he signed the form there is a statement on their that says "I acknowledge I am automatically entered into the Selective service........"

thanks for your help

Please read my previous replies. He doesn't need to register if he was over 26 when he got GC.

[drigenhughes 0]

On 12/29/2024 at 4:59 PM, OldUser said:

Please read my previous replies. He doesn't need to register if he was over 26 when he got GC.

He was not older than 26 when he received his green card. He fit the guidelines of needing that selective service registration number. He is now over ten years past (37 years old) and we are now wanting to complete the citizenship paperwork. He supposedley was automatically entered into selective service when he signed on his I-485 paperwork. However, when I enter in his number, info, name etc. the system shows me that he does not exist for a selective service number. 

[OldUser 7,158]

9 minutes ago, drigenhughes said:

He was not older than 26 when he received his green card. He fit the guidelines of needing that selective service registration number. He is now over ten years past (37 years old) and we are now wanting to complete the citizenship paperwork. He supposedley was automatically entered into selective service when he signed on his I-485 paperwork. However, when I enter in his number, info, name etc. the system shows me that he does not exist for a selective service number. 

Ok, that's a different story. So was he 25 or younger when he got GC? Then he should have registered for Selective Service.

 

I-485 doesn't always make this registration automatic. It depends what edition of form was filed, and what info was put into form.

 

Lawyers typically help crafting a letter explaining all circumstances for failing to register for selective service and explain immigrant wasn't aware of requirement / believed they're registered and ready to protect the US if ever needed. Often immigration officer acknowledges this and lets the person to naturalize.

 

I'd do this case with a lawyer if you can afford. Not to say it's impossible to do DIY, but here you already have one wrinkle in the case. Are there any more issues for naturalization that you or your spouse are not aware of?

Edited December 31, 2024 by OldUser