Selective Service

Old Nov 2nd 2005, 6:06 pm
  #16  
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Default Re: Selective Service

Originally Posted by Manc
wait until you are 31 to file the N400.

by that time you will have 5 years good moral character since age 26 and you cannot be denied citizenship based solely on your none signing up to Selective service.

source - schusterman.

Or if you are applying for naturalization under the three year rule based on marriage to a USC, then it is age 29.

I'm afraid ignorance of the law is not a loophole.
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Old Nov 2nd 2005, 6:08 pm
  #17  
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Default Re: Selective Service

Originally Posted by Manc
thought you still needed to show 5 years good moral character no matter what?

Manc, believe I explained this once before. The rule is 5 years (age 31) for those applying under the 5 year rule and 3 years (age 29) if applying under the 3 year rule for marriage-based naturalization.
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Old Nov 2nd 2005, 6:09 pm
  #18  
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Default Re: Selective Service

Originally Posted by Joe Feise
Manc wrote on 11/1/2005 10:38:
    >>Think if you're doing it with 3 years only (i.e. marriage), you get
    >>away with 26 + 3 = 29.
    >
    >
    > thought you still needed to show 5 years good moral character no
    > matter what?
    >

Yes.

No.
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Old Nov 2nd 2005, 6:12 pm
  #19  
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Default Re: Selective Service

Then you might want to argue with my immigration law teacher and with the head of the law department for the City University of New York who state the 3 / 5 rule for selective service "good moral" character rule.

Rete


Originally Posted by Joe Feise
fatbrit wrote on 11/1/2005 12:40:
    >>Manc wrote on 11/1/2005 10:38:
    >>>>Think if you're doing it with 3 years only (i.e. marriage), you get
    >>>>away with 26 + 3 = 29.
    >>>thought you still needed to show 5 years good moral character no
    >>>matter what?
    >>Yes.
    >
    >
    > Okay -- so you forced me to go find the thread! For those married who
    > didn't want to be killed in a useless war but did want citizenship to
    > get freakin' USCIS off their backs for good, read through:
    > http://britishexpats.com/forum/showthread.php?t=303552
    > and come to your own decision as the mighty battle it out in words
    > rather than with weapons.
    >

INA 316(a):
"(a) No person, except as otherwise provided in this title, shall be
naturalized, unless such applicant, (1) immediately preceding the date
of filing his application for naturalization has resided continuously,
after being lawfully admitted for permanent residence, within the United
States for at least five years and during the five years immediately
preceding the date of filing his application has been physically present
therein for periods totaling at least half of that time, and who has
resided within the State or within the district of the Service in the
United States in which the applicant filed the application for at least
three months, (2) has resided continuously within the United States from
the date of the application up to the time of admission to citizenship,
(3) during all the periods referred to in this subsection has been and
still is a person of good moral character, attached to the principles of
the Constitution of the United States, and well disposed to the good
order and happiness of the United States."

And INA 319(a):
"(a) Any person whose spouse is a citizen of the United States, 1/ or
any person who obtained status as a lawful permanent resident by reason
of his or her status as a spouse or child of a United States citizen who
battered him or her or subjected him or her to extreme cruelty, may be
naturalized upon compliance with all the requirements of this title
*except the provisions of paragraph (1) of section 316(a)* if such
person immediately preceding the date of filing his application for
naturalization has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at least three
years, and during the three years immediately preceding the date of
filing his application has been living in marital union with the citizen
spouse 1/ (except in the case of a person who has been battered or
subjected to extreme cruelty by a United States citizen spouse or
parent), who has been a United States citizen during all of such period,
and has been physically present in the United States for periods
totaling at least half of that time and has resided within the State or
the district of the Service in the United States in which the applicant
filed his application for at least three months."

So, INA 319(a) only replaces paragraph (1) of INA 316(a). Paragraph (3)
is not affected, and continues to be 5 years.

OTOH, 8 CFR 319.1(a) states:
"(7) For all relevant periods under this paragraph, has been and
continues to be a person of good moral character, attached to the
principles of the Constitution of the United States, and favorably
disposed toward the good order and happiness of the United States;"

The relevant periods in 8 CFR 319.1 refers to 3 years.

So, given this inconsistency, I guess you can argue either way. To be on
the safe side, 5 years is always enough...

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
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Old Nov 2nd 2005, 6:13 pm
  #20  
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Default Re: Selective Service

Originally Posted by Rete
Manc, believe I explained this once before. The rule is 5 years (age 31) for those applying under the 5 year rule and 3 years (age 29) if applying under the 3 year rule for marriage-based naturalization.
you probably did.
sad thing is, you probably did last week. My mind is a seive.
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Old Nov 2nd 2005, 6:21 pm
  #21  
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Default Re: Selective Service

Originally Posted by Manc
you probably did.
sad thing is, you probably did last week. My mind is a seive.

hehehehe I resemble that remark ;-) Seriously, Manc, if you are 29 or over and a PR for three years less 90 days and your marriage is a full three years old and you want to be a USC, then apply for it. Your fulfilled the age requirement regarding SS registration by your "old" age.

Rete
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Old Nov 5th 2005, 5:25 am
  #22  
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Default Re: Selective Service

"dgrand" wrote:

> Would failure to register with SSS be a reason of denial
> of application?

It could be, depending on the circumstances.

> Or the letter explaining that I did not willfully and
> knowingly failed to register . . . .

AFAIK, a "status information letter" from the Selective Service
System does =not= say you did not "willfully and knowingly" fail
to register. Selective Service will only state whether you were
legally required to register, and whether you did register. They
will not address the question of =why= you didn't register, or
whether your reason for not registering was legitimate or not.
If you're going to claim that your failure to register was not
knowing and willful, you'll have to make that case on your own.

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.
 

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