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Selective service question for 56 year old filing N-400

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  • Selective service question for 56 year old filing N-400

    My husband is filing his N-400 but is not sure how to answer the selective service question.

    "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.)"

    He originally had a student visa which expired and he was out of status at age 24. Because of the immense immigration backlog, he only had his green card 6 years ago and now at age 56, he is applying for citizenship.

    So how does he answer the selective service question? He was in the country when he was eligible to apply for selective service but he was not a "lawful nonimmigrant". He also did not know that he had to apply for selective service but of course, ignorance is no excuse.

    He is now 56. Does the selective service question still matter? Does he answer yes or no?

  • #2
    Originally posted by carlene View Post
    My husband is filing his N-400 but is not sure how to answer the selective service question.

    "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.)"

    He originally had a student visa which expired and he was out of status at age 24. Because of the immense immigration backlog, he only had his green card 6 years ago and now at age 56, he is applying for citizenship.

    So how does he answer the selective service question? He was in the country when he was eligible to apply for selective service but he was not a "lawful nonimmigrant". He also did not know that he had to apply for selective service but of course, ignorance is no excuse.

    He is now 56. Does the selective service question still matter? Does he answer yes or no?
    He should answer Yes, and state that he did not register. Since he is at least age 31 now, his failure to register will not affect his naturalization.

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

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