fatbrit

I've seen a very respected layperson on this board argue vociferously that it is only 3 for marriage. If it was my funeral, I'd check myself. But as it isn't...

Folinskyinla

Hi:

If you have to show good moral character ["gmc"] during the required five years of residence -- then the law requires 5 years gmc.

If you have to show gmc during the required THREE years of residence -- then the law requires 3 years gmc.

BTW, after having listened to the Alito hearings, it seems that even the best legal minds may disagree on the plain meaning of plain unambiguous language.

Just Jenney

It's the same kind of scary people feel when they discover they have to renounce allegiance to any other foreign government when taking the naturalization oath in order to become a US citizen. People learn this and freak out and think that they are disowning their country of birth, that they can't really get dual citizenship like they'd thought, etc. But it's really more of a technicality than anything; a means to an (easier) end.

~ Jenney

jeffreyhy

Mr.F,

After listening to the Clinton hearings, it seems that it sometimes requires the best legal minds to disagree on the plain meaning of plain unambiguous language.

Regards, JEff

Folinskyinla

Hi:

Actually, I do have a 9th Circuit case pending on "what 'is' is." Really.

The section of law in question uses the phrase "was and is" Our argument is that we know what "was" is and what "is" is and we have to rely on both definitions. The government's argument is that relying on both "was" and "is" is relying only on "was" and ignores "is." Therefore, the cases defining "is" are irrelevant.

cheezy

uhhhhhhh

Rich Wales

"cheezy" wrote:

> It states that the requirement to register "does not apply to
> aliens present in the United States in a lawful nonimmigrant
> status." My husband will be here non-immigrant (k3) at the
> tail end of his 25th year.

Lawful non-immigrants are, in general, =not= required to register with
the Selective Service System. If your husband is legally in the US as
a non-immigrant until his 26th birthday, then my understanding is that
he would not be required to register.

Note, though, that men who are "illegal aliens" in the US =are=
required to register (!). If your husband spends any time "out of
status", he may need to register.

AFAIK, there is no harm in attempting to register for Selective
Service if a person is not certain whether his status requires him
to register or not. It's possible to file a registration online
(http://www.sss.gov), by the way.

> Also, he will be 31 by the time he would apply to Naturalize,

Why 31? Are you aware that an alien spouse of a US citizen can
generally apply for US citizenship after three (not five) years?

> I read 31 years being the cut off for them denying someone
> their naturalization who didn't register.

You may be referring to Carl Shusterman's web page on the effect of
failure to register for Selective Service on one's eligibility for
naturalization: http://www.shusterman.com/natz-ss99.html

The main idea is that USCIS rarely cares about problems of this sort
if they were more than five years in the past. Since a 26-year-old
is no longer able to register for Selective Service (even if he
tries), the issue normally should not come up if an applicant for
US citizenship is at least 31 years old (31 = 26 + 5).

Please note that this page talks about a situation where someone
=should= have registered, but failed to do so and is unable to show
convincing evidence that such failure was not a knowing, willful
decision to evade the legal requirement to register.

For a husband of a US citizen (who can apply for US citizenship
after three years on a "green card"), the magic cutoff age in the
situation Shusterman is talking about would be 29 (= 26 + 3), not
31. But, again, if your husband is not required to register for
Selective Service anyway, because of being a lawful non-immigrant
until after his 26th birthday, this shouldn't be an issue anyway.

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

cheezy

No plans on being out of status, as he would be here K3, good for 2 years... (and won't be working until EAD is in hand!)


I see, I thought 31 was a magic number not realizing it was just based on 26+5, so thanks for clarifying...!