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N-400 - Selective Service question

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  • N-400 - Selective Service question

    Hello guys, looking for some guidance filling out the N-400 online.

    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.

    This is a YES or NO.

    The applicant immigrated to the United States when he was 18, via a visa waiver program, and overstayed the visa until he was 27, when he got married and adjusted his status. He is now 34 years old.

    What should we answer?

    The red portion of the question is confusing me.

    Answering yes prompts this:

    You should provide a status information letter from the Selective Service

  • #2
    Best discussion I've found is here
    https://citizenpath.com/failing-regi...ctive-service/

    In your specific case... the age of 31 or greater may "help" because your 5 year period only goes back to age 29.

    However, to dig deeper into the red sentence... I look at it this way...
    How long was he allowed to stay under the visa waiver? I assume it was 90 days right?

    In that case, for the first 90 days he was a lawful nonimmigrant.
    After that, he spent most of the period between 18 and 26 as a NON-lawful immigrant.

    I am not an attorney but pure logic suggests to me that the answer to the first question must be "YES".
    This then causes the predicament of not signing up for "Selective Service".
    However, the age of 31 or greater may perhaps make the issue less-critical.

    Whichever way you analyze this.. the USCIS are not going to be too happy about over-staying the visa-waiver as a Non-lawful immigrant.
    Neither will they be too happy about the failure to sign up for "Selective Service".

    I've no idea whether the fact that these happened more than 5 years ago will help in any significant way.
    I would seek legal advice before filing the N400. It doesn't look good from my limited viewpoint.

    Also, I just read this article talking about permanent bars to naturalization:
    https://www.uscitizenship.info/artic...ban-to-the-us/
    The final sentence in that reference says this..
    "It is clear that you will not be punished as long as you enter legally, overstay and marry a US citizen without leaving the country. So overstaying is not considered a big mistake as long as you get married to a US citizen".

    Your case is way beyond my experience (which consists mainly of googling and reading for a few weeks).
    Last edited by N400questions; 08-16-2019, 04:23 PM.

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    • #3
      You are a non-immigrant until you get your green card I think
      Anything I post is personal opinion or information from personal experience. This is not legal advice.

      Mailed Application N400 - 11/14/2017
      Interview N400 - 6/07/2018
      Oath - 8/30/2018

      Comment


      • #4
        Originally posted by cribar85 View Post
        Hello guys, looking for some guidance filling out the N-400 online.

        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.

        This is a YES or NO.

        The applicant immigrated to the United States when he was 18, via a visa waiver program, and overstayed the visa until he was 27, when he got married and adjusted his status. He is now 34 years old.

        What should we answer?

        The red portion of the question is confusing me.

        Answering yes prompts this:

        You should provide a status information letter from the Selective Service
        He should definitely answer Yes. Illegal immigrants are required to register for the Selective Service. He should not need to provide a status information letter if he is over 31 years old (actually, 29 years old since he is applying under the 3-year rule) now. I am not sure how the online flow works.

        Originally posted by pmf123 View Post
        You are a non-immigrant until you get your green card I think
        No, when you go out of status you are not a nonimmigrant anymore.

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

        Comment


        • #5
          Originally posted by newacct View Post

          He should definitely answer Yes. Illegal immigrants are required to register for the Selective Service. He should not need to provide a status information letter if he is over 31 years old (actually, 29 years old since he is applying under the 3-year rule) now. I am not sure how the online flow works.
          I believe you are correct. Upon more digging, I believe that he should answer YES and that he does not need a status letter since he is older than 31.
          This link from the Selective Service states that:

          "If you are age 31 or older, and applying for naturalization, there is no need to get a “status information letter” from the Selective Service System. The U.S. Citizenship & Immigration Service (USCIS) Application for Naturalization Form N-400, Part 12 (44)(c)(2), only asks applicants age 26 to 31 to provide a “status information letter”, if they did not register with Selective Service. In addition, in accordance with USCIS Policy Manual - Volume 12 - Part D - Chapter 7(B), applicants for naturalization who are over age 31 are eligible for naturalization even if they knowingly and willfully failed to register (attached). This is because the applicant’s failure to register would be outside of the statutory period during which the applicant must show that he is of good moral character and disposed to the good order and happiness of the United States. Thus, your failure to register with the Selective Service System does not make you ineligible for naturalization because you are age 31 or older."

          https://www.sss.gov/LinkClick.aspx?f...%3d&portalid=0

          I think the website (Filling N-400 online) is just interactive and does not take into account the applicants age when answering YES and erroneously asks for the Status letter.

          The Selective Service states to present that PDF linked above just in case.

          Thank you, and posting for others for future reference.


          Comment


          • #6
            Originally posted by newacct View Post
            No, when you go out of status you are not a nonimmigrant anymore.
            I meant you aren't an "immigrant" as far as selective service goes
            Anything I post is personal opinion or information from personal experience. This is not legal advice.

            Mailed Application N400 - 11/14/2017
            Interview N400 - 6/07/2018
            Oath - 8/30/2018

            Comment

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