ian-mstm

I'm guessing that the moment you mail off your AOS package you demonstrate immigrant intent, and therefore are required to apply for selective service if you fit the criteria.

Ian

SpoogleDrummer

I wasn't aware that after turning 26 you can't apply for citizenship anymore, are you sure of this? I ask this because I turn 26 in June which is around about the time I'll probably be able to move over.

Just Jenney

The I-485 instructions discusses SS registration on page 6:

Selective Service Registration.

If you are a male at least 18 years old, but not yet 26 years old, and required according to the Military Selective Service Act to register with the Selective Service System, USCIS will help you register.

When your signed application is filed and accepted by USCIS, we will transmit to the Selective Service System your name, current address, Social Security number, date of birth and the date you filed the application. This action will enable the Selective Service System to record your registration as of the filing date of your application.

If USCIS does not accept your application and, if still so required, you are responsible to register with the Selective Service System by using other means, provided you are under 26 years of age. If you have already registered, the Selective Service System will check its records to avoid any duplication.

(NOTE: Men 18 through 25 years old who are applying for student financial aid, government employment or job training benefits should register directly with the Selective Service System or such benefits may be denied. Men can register at a local post office or on the internet at http://www.sss.gov).



Here is some additional information from the Selective Service System's Fast Facts which should put the OP's mind at ease:

"The lottery would establish the priority of call based on the birth dates of registrants. The first men drafted would be those turning age 20 during the calendar year of the lottery. For example, if a draft were held in 1998, those men born in 1978 would be considered first. If a young man turns 21 in the year of the draft, he would be in the second priority, in turning 22 he would be in the third priority, and so forth until the year in which he turns 26 at which time he is over the age of liability. Younger men would not be called in that year until men in the 20-25 age group are called."

In other words, since he's not even going to be here until 2 months before his 26th birthday, there really isn't any concern that he's going to be called up, even if the draft IS reinstated before then.

Again, my advice is for the OP is to have her husband decide how important it is for him to have the option to naturalize later on, and if he wants that option to take whatever steps necessary to register for SS to keep that option open.

~ Jenney

Just Jenney

You misunderstood my comments. Depending on one's circumstances, you might be able to naturalize after age 26 -- but you cannot register for the draft after age 26. And if you are male, resident in this country, and do not register for the draft before your 26th birthday, then you are making yourself ineligible for naturalization (in addition to several other things, like student financial aid).

So, in your case, if you're emigrating to the US before your 26th birthday and you want to have the option to naturalize later on, then you should plan on registering with Selective Service when you get here.

If you move to the States AFTER your 26th birthday (as my husband did), then it's a non-issue; you're already too old to register for Selective Service. If you're already too old anyway then you aren't negatively affected by it when it comes around to apply for naturalization.

~ Jenney

lovenlife

So it sounds from the statement below, that if you are 18 – 25, file the I-485, your are automatically registered with the SSS, no?

"When your signed application is filed and accepted by USCIS, we will transmit to the Selective Service System your name, current address, Social Security number, date of birth and the date you filed the application. This action will enable the Selective Service System to record your registration as of the filing date of your application."

fatbrit

AFAIK, you only make yourself temporarily ineligible for naturalization; it's not a permanent bar. Five (or 3 in the case of marriage) years after your 26th birthday, you can still submit the N-400 if you omitted selective service registration and meet the "good moral character" requirements.

June

Hi All,

I have a question my husband entered the USA in 11/2002. At that time he was 26 years old. He turned 27 years old one month later in 12/2002. He did not register for the selective service because he was already 26 going on 27. He will be eligible to apply for US citizenship this 8/2006. Will he still be eligible for US citizenship even though he did not sign up for the selective service because he was 26 years old? Responses will be greatly appreciated.

Fondly June

Noorah101

Hi June,

If he was already 26 when he entered the USA, he did not / does not need to register for selective service. Yes, he'll still be eligible for citizenship when he meets the criteria.

Rene

June

Thanks Rene for your quick response.

Fondly June

cheezy

That's what I was trying to find out; thank you. I thought I had read that after 5 years of otherwise good character you could naturalize...

...and Jenney, since your husband didn't have to worry about this then this decision didn't phase you, but I would guess if he did have to sign up you would maybe understand my concern. It's not about whether we're going to start drafting during those last few months he is 25...I was trying to find out what having his name on that list will mean in the future.

I am trying to find out the facts because frankly, being that we are currently at war and have made a commitment to stay in it, I do not believe any of us can guarantee there will never be another draft. Sure it is a *slim* chance, but if there is a chance AT ALL that it could happen than I wanted to know all the information possible. We have no way of knowing that they WON'T change the lottery pool rules or do whatever they want in the event of needing more troops. I wanted him to be educated before he signed, rather than learn about it after.

Folinskyinla

Hi:

You are conflating two separate concepts -- registration, and libablity to conscription. If you are libable to conscription, being or not being on the list makes no difference.

As you point out, we are in a "war" and likely to remain that way for some time -- if you are worried about whether or not he is liable to conscription -- then registration is not the issue -- the way to avoid liablity is to NOT immigrate at all.

fatbrit

Please do get some confirmation for it. I've heard if he's naturalizing through marriage, it should only be the 3 years.

If this is the case, failing to register for Selective Service might only add a year or so in your case to your spouse's eventual citizenship.

But then what is Selective Service anyway? A pile of absolute nothing and a total waste of time would seem to be the answer. May it could be just viewed as a historical anachronism that keeps idiots in jobs. I don't think he's really got anything to lose by signing up, and you would gain a shorter path to citizenship (equals goodbye USCIS!) and one less red flag on the application, possibly saving attorney fees. If he wants to make his own stand against US war mongering, there are far better places to do it.

cheezy

Agreed; I think in this case it is something that SOUNDS scarier than it is.

scrubbedexpat099

I thought you had to show good moral character for 5 years, so 26 + 5 = 31.

But otherwise totally agree, also with Mr F's excellent point.

You are concerning yourself with a non issue, worst comes to worst he has an opt out not available to most USC's without another nationality.

Folinskyinla

Hi:

I have a good friend born in NYC in 1947 of Yersuhalami parents. I once asked him how he dodged the draft of not one, but TWO countries. He replied that he was "Four-F in two countries" because the heart condition that damn near killed him in 2001. He figures it has evened out.