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  • vaindioux
    Member
    • Jul 2017
    • 21

    #1

    Selective service question

    Hi

    I am filing N-400 and have a question about the selective service question Page 16, part 12, question 44

    Are you a male who lived in the United States at any time between your 18th and 26th birthday (This does not include living in the United States as a lawful nonimmigrant)?

    I have been a green card holder for 28 years and I remember looking into that selective service at the time and found out I was past my 26th birthday when I got my green card.
    I got my green card in may 1993 and had a temporary work authorization for the 6 months prior to getting my green card.
    Was I a lawful nonimmigrant since I did not have a green card until after my 26th birthday? Is being a lawful immigrant having a green card?

    Thanks for the help

  • newacct
    Senior Member
    • Mar 2012
    • 6766

    #2
    What age were you when you entered the US? What status were you in when you entered the US? Were you ever out of status before you got your green card?

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

    Comment

    • vaindioux
      Member
      • Jul 2017
      • 21

      #3
      You know it's a while ago. I do remember looking into the selective service and finding out it did not apply to me. But I want to be sure prior to send my application.
      I believe I was 25 when I entered the USA but just with my passport for 90 days as a tourist. Then I decided to stay and get married to my American wife (Been married 26 years) and was given a temporary green card until they issued me the real one (I don't remember the dates).
      From what I understand I wasn't a lawful immigrant until may 1993 when I got my permanent green card. But I want to hear your opinion.

      Thxs for taking the time to help me

      Comment

      • newacct
        Senior Member
        • Mar 2012
        • 6766

        #4
        Originally posted by vaindioux View Post
        You know it's a while ago. I do remember looking into the selective service and finding out it did not apply to me. But I want to be sure prior to send my application.
        I believe I was 25 when I entered the USA but just with my passport for 90 days as a tourist. Then I decided to stay and get married to my American wife (Been married 26 years) and was given a temporary green card until they issued me the real one (I don't remember the dates).
        From what I understand I wasn't a lawful immigrant until may 1993 when I got my permanent green card. But I want to hear your opinion.

        Thxs for taking the time to help me
        The moment your VWP status expired (90 days after you entered on VWP), you were required to register with Selective Service if you were male and between 18 and 26 at that time. You don't have to be a permanent resident to be required to register. Illegal immigrants are required to register too. Anyone in the US between those ages who didn't have a valid nonimmigrant status, are required to register. So what you need to check is whether you entered more than 90 days before you turned 26.

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

        Comment

        • vaindioux
          Member
          • Jul 2017
          • 21

          #5
          Do you have any idea on how to get that info (When my VWP expired)? Do I have to contact immigration to get that info?
          If it doesn't turn in my favor, they can turn my naturalization application down right? What else can happen? I read something about if you are pass 31 Y.O. that if you have been a good resident they might just forget about it. Is this correct?

          Thxs again

          Comment

          • vaindioux
            Member
            • Jul 2017
            • 21

            #6
            This is what I am talking about above:

            Failing to register for Selective Service can be grounds for USCIS to deny Form N-400, Application for Naturalization. Many immigration attorneys will recommend that their clients wait until age 31 to apply to ensure five years of good moral character.

            Comment

            • newacct
              Senior Member
              • Mar 2012
              • 6766

              #7
              If you are at least 31 (or 29 if you are applying under the 3-year rule), failure to register for the Selective Service won't affect your naturalization, even if you willingly and knowingly failed to register. So if you got your green card after you turned 26, it won't affect your naturalization.

              For answering the question (whether you were required to register), do you know the date you entered? Take that date and add 90 days and that was when your status expired. I guess if you really can't figure it out, you could hand write something like "unknown" instead of answering yes or no, since it won't affect your naturalization either way anyway.


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

              Comment

              • vaindioux
                Member
                • Jul 2017
                • 21

                #8
                Thanks so much for the answers. You saved me time and money as I was going to visit a lawyer.

                Comment

                • Mike E
                  Senior Member
                  • May 2019
                  • 380

                  #9
                  If you both married and filed for your adjustment of status before your authorized stay expired, then you weren’t an illegal immigrant and so I don’t think selective service applies in your case.

                  Comment

                  • vaindioux
                    Member
                    • Jul 2017
                    • 21

                    #10
                    Thanks for the extra info Mike

                    Comment

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