QUESTION

selective service

Asked on Jun 01st, 2012 on Immigration - Arkansas
More details to this question:
I''ve almost completed my application for naturalization, and I just realized that I was supposed to register for Selective Service, but I never did. I''ve been in the US for 10 years, and I''ll be turning 27 years old in two weeks. Should I register now?
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1 ANSWER

In general, failing to register for Selective Service may lead to a denial of the N-400 naturalization paperwork. Cyrus Mehta has written  a good synopsis of the issue:  The law requires male USC or LPR resident (except those on nonimmigrant visas) must register for selective service between 18 and 26 years of age. Failure to comply with this selective service registration requirement is a ground for denial based on a lack of good moral character if the person knowingly or willfully failed to register. According to an INS General Counsel Memo, failure to register raises concerns regarding good moral character, attachment to the principles of the Constitution, and being well disposed to the good order and happiness of the U.S., as well as the requirement that the applicant must be willing to bear arms on behalf of the U.S. when required by the law. An individual between 18 and 26 years of age who has failed to register would be denied naturalization. Individuals between 26 and 31 years of age who failed to register risk denial based on lack of good moral character unless the failure to register was not knowing and willful. For individuals over 31, the failure to register would be outside the 5-year period for good moral character, but USCIS would want to be satisfied that the applicant is currently a person of good moral character. See: http://www.cyrusmehta.com/Sub_Cyrus.aspx?MainIdx=ocyrus200591755244&SubIdx=ocyrus200712901825 In your case, you will need to show that you did not know about the requirement, or you could simply wait another 4-5 years before you file. Each case is unique though, and you may want to review the issue with an immigration attorney. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Jun 01st, 2012 at 4:16 PM

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