smp17

Did anyone file N400 successfully after failing to register with selective service? Totally unintentional but understanding of the consequences. I can either file now and try mitigating it with a personal statement, or wait until I reach 31 where the issue cannot be considered for Citizenship purposes. Grateful for any experience here!

tht

No direct experience in SS as I moved here after I was 30.

How many year wait till your 31?

I had a non standard path as well because I had to obtain permission to become a USC from another country to not lose that EU citizenship.

For me part of the calculation was not needing to renew the 10y GC. Will you need to do a GC renewal if you wait till your 31?

Expatrian

How long do you have until you’re 31? My opinion is to wait until 31, which will be less than 5 years in your case. While you can show it wasn’t willful, it’s discretionary and thus a gamble, plus you could end up getting denied and having to pay the N400 fee again. You have your GC which is a significant milestone, and many immigrants wait longer than the minimum 3-5 years to naturalize.

newacct

If you are not yet 31 now, doesn't that mean you got your green card before you turned 26? If you got your green card between 18 and 26 (either through AOS or Consular Processing), it is very likely that they registered you for Selective Service automatically, since there is a section on the forms where you permit them to register for you. And if they did not register for you, it can be considered not your fault for failing to register.

Expatrian

This is a good point I’d forgotten about, but as you suggested (“very likely”) it’s not a certainty USCIS actually did register him. The OP should check he isn’t already registered if hasn’t done so already:

https://www.sss.gov/verify/

This might also be helpful:

https://www.nolo.com/legal-encyclope...e-service.html

petitefrancaise

Have you just started the application?
My son also didn't get registered but we realised when we were doing the N400 and so he registered then. no problems at all.

Expatrian

Up until the age of 26 he can still register without issue, but the option to register upon turning 26 is lost forever. Technically, he should have registered when turning age 18 or when he got his green card, whichever is later, but it’s unlikely to ever be an issue.

S Folinsky

Most of the times I encountered this issue in practice my clients decided to wait until age 31. I once encountered a denial on the issue where client had filed 85 days short of his 31st birthday and the minions of the dark forces held that the “early” filing provision did not apply to period of good moral character. Advised the client to pay the filing fee and refile.

Sometimes a person did submit a registration to Consulate and/or CBP but they failed to forward it. I’ve heard of situations where CIS found the completed registration form sitting in the “A” file. (I turned 18 when the US had active conscription. I can’t prove I’m a veteran because my DD-214 form is missing. I’m informed that if necessary, the payroll records still exist. I pass this on because gov’t records are not perfect).