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Didn't register for selective service, N-400

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  • Didn't register for selective service, N-400

    Hi guys;

    My friend got his green card approved on May 2016, at that time he was 25 years old.

    His 26th birthday was August 11th 2016.

    He is now filling out the N-400 citizenship form, and Question 44 in Part 12 of Form N-400 ask whether or not he registered for selective service.

    He says that ne doesn't recall registering for selective service.

    Our question is, WHAT ARE THE NEXT STEPS HERE?

    He should've registered because he was 25 years old at the time and his 26th birthday was 3 months after getting his green card.

    He is now 31 years old.

    As far as I know, he's got to do 3 things:
    • Status Information Letter from Selective Service
      A Status Information Letter from the Selective Service states that you are over-age and therefore no longer required to register. USCIS will refuse to consider your situation without this letter. Request a Status Information Letter.
    • Sworn Declaration from Applicant
      This signed statement explains why you did not avoid the Selective Service and why the nature is innocent.
    • Sworn Declaration from Supporter(s)
      This signed statement is most effective if provided by people of authority such as a teacher or pastor. The letter should support your explanation of what happened to result in your not knowing you were supposed to register.
    Have you been in this situation? What did you do?

    Please let me know how you worked this out.

    Thanks.

    Jonathan!

  • #2
    First, if he's 31, failure to register for the Selective Service doesn't affect his naturalization even if it was knowing and willful. See USCIS Policy Manual, Volume 12, Part D, Chapter 7, section B-2:
    Applicants Over 31 Years of Age

    The applicant is eligible. This is the case even if the applicant knowingly and willfully failed to register because the applicant’s failure to register would be outside of the statutory period.
    The N-400 instructions don't ask him to provide a status information letter or any declarations if he's 31 or over.

    Second, there is a very good chance that he was already automatically registered for the Selective Service when he applied for his green card. On both the I-485 form for Adjustment of Status as well as immigrant visa application forms, the applicant gives permission for the US government to automatically register you. So he should call the Selective Service System and check.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Hi guys, YES he was registered automatically. He's all set

      Comment

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