How to Deal with Failure to Register for Selective Service on your Citizenship case.

Selective Service Registration​ is an important component of the Naturalization process. Failure to knowingly and willingly register for selective service will actually disqualify certain individuals from the good moral character principle of the US naturalization. Note that Selective Service does not mean you are registering for the US military, it only means that in times of conflict, you will be actually be available to defend the United States. As such it is important to know: a.) who needs to register; b) how to register and c) what happens if you did not register.​ Also it is important know how to deal with a situation where you failed to register when you are filing for your citizenship.

Who Needs to Register and what happens if you fail to register?

1. Males Required to Register

​In general, males must register with Selective Service within 30 days of their 18th birthday but not after reaching 26 years of age. The U.S. Government suspended the registration in April of 1975 and resumed it in 1980. An applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the good order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear arms on behalf of the United States.​​Applicants may register for Selective Service at their local post office, return a Selective Service registration card received by mail, or online at the Selective Service System website.​Confirmation of registration may be obtained by calling (847) 688-6888 or online at ​www.sss.gov​. The officer may also accept other persuasive evidence presented by an applicant as proof of registration.

​USCIS assists with the registration process by transmitting the appropriate data to the Selective Service System (SSS) for male applicants between the ages of 18 and 26 who apply for adjustment of status. After registering the eligible male, Selective Service will send an acknowledgement to the applicant that can be used as his official proof of Selective Service registration.​

​2. Failure to Register for Selective Service

​USCIS will deny a naturalization application when the applicant refuses to register with Selective Service or has knowingly and willfully failed to register during the statutory period.​ The officer may request for the applicant to submit a status information letter and registration acknowledgement card before concluding that he failed to register.​

​The status information letter will indicate whether a requirement to register existed. The applicant must show by a preponderance of the evidence that his failure to register was not a knowing or willful act.​  Failure on the part of USCIS or SSS to complete the process on behalf ​of the applicant, however, will not constitute a willful failure to register on the part of the applicant.​ ​The denial notice in cases where willful failure to register is established may also show that in addition to failing to register, the applicant is not well disposed to the good order and happiness of the United States. This determination depends on the applicant’s age at the time of filing the application and up until the time of the oath:

Applicants Under 26 Years of Age​

The applicant is generally ineligible.

​Applicants Between 26 and 31 Years of Age

​The applicant may be ineligible for naturalization. USCIS will allow the applicant an opportunity to show that he did not knowingly or willfully fail to register, or that he was not required to do so.​

​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.

What should you do if you failed to register?

In case you failed to register either because you did not know about registering or because you forgot to register these are the steps you should take before even filing for your citizenship (N400 – Naturalization) application.

Step 1 – Try to register because it might not be too late to register. Also it will show that you are trying in good faith to register even though they do not accept the application.

Step 2- Wait for time on your moral character to clear then file for your N400.

Step 3 – Explain that you did not know you should register or forgot to register in an affidavit attached to your N400 application.

 

These are just few steps that you can take in order to avoid the issue of failing to file for selective service.  However, in case you are not feeling comfortable filing the N400 citizenship case on  your own, feel free to reach out to a naturalization or citizenship lawyer.  Our law firm has been practicing immigration law for more than 10 years, you can call us at 510 7425887 for a consultation.