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Selective service again!.N-400

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Old Oct 10th 2006, 1:44 pm
  #1  
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Cool Selective service again!.N-400

I lived in the US for 3 months before applying for adjustment of status. When I fianlly applied I was 3 weeks shy of my 26 birth day. So technically I should have registered. I got my GC 4 years later and now applying for citizenship..9 years later.
So wich way should I go? Check the "no" box ( I haven't lived....) or check the "Yes" box and open the can of worms? Do they really pay attention to this stuff?
Main reason I am asking this because I got my GC when I was already 30..and INS used the date of me getting the GC as my "entry date"..
So how anal are they about this selective serivice stuff? I am temped to just check "NO" box.
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Old Oct 10th 2006, 3:07 pm
  #2  
Joe Feise
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Default Re: Selective service again!.N-400

User54 wrote on 10/10/06 18:44:

    > I lived in the US for 3 months before applying for adjustment of status.
    > When I fianlly applied I was 3 weeks shy of my 26 birth day. So
    > technically I should have registered.


No, why? You were still in non-immigrant status.

    > I got my GC 4 years later and now
    > applying for citizenship..9 years later.
    > So wich way should I go? Check the "no" box ( I haven't lived....) or
    > check the "Yes" box and open the can of worms? Do they really pay
    > attention to this stuff?


Always answer the questions truthfully.
You don't have anything to fear, anyway.

    > Main reason I am asking this because I got my GC when I was already
    > 30..and INS used the date of me getting the GC as my "entry date"..


So you weren't required to register. What's the problem?

-Joe
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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old Oct 10th 2006, 9:39 pm
  #3  
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Default Re: Selective service again!.N-400

Originally Posted by Joe Feise
User54 wrote on 10/10/06 18:44:

    > I lived in the US for 3 months before applying for adjustment of status.
    > When I fianlly applied I was 3 weeks shy of my 26 birth day. So
    > technically I should have registered.


No, why? You were still in non-immigrant status.

[
I disagree. All aliens even illegal aliens, other than the few types listed on the SS site, are required to register. As he had filed for AOS before his 26th birthday, he was required to register.

However, since he is now over the age of 31, he will not have a problem with naturalizing. If he has a clear record, he has fulfilled the 5 years of good moral character.
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Old Oct 11th 2006, 12:23 am
  #4  
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Default Re: Selective service again!.N-400

Originally Posted by User54
I lived in the US for 3 months before applying for adjustment of status. When I fianlly applied I was 3 weeks shy of my 26 birth day. So technically I should have registered. I got my GC 4 years later and now applying for citizenship..9 years later.
So wich way should I go? Check the "no" box ( I haven't lived....) or check the "Yes" box and open the can of worms? Do they really pay attention to this stuff?
Main reason I am asking this because I got my GC when I was already 30..and INS used the date of me getting the GC as my "entry date"..
So how anal are they about this selective serivice stuff? I am temped to just check "NO" box.
Hi:

You tell the truth.

On the failure to register for selective service, it is a problem if you turned 26 during the required PR residence/good moral character period -- and that does not apply to you.
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Old Oct 11th 2006, 2:59 am
  #5  
Joe Feise
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Default Re: Selective service again!.N-400

Rete wrote on 10/11/06 02:39:

    >> User54 wrote on 10/10/06 18:44:
    >>> I lived in the US for 3 months before applying for adjustment of
    >>> status.
    >>> When I fianlly applied I was 3 weeks shy of my 26 birth day. So
    >>> technically I should have registered.
    >> No, why? You were still in non-immigrant status.
    >>> I got my GC 4 years later and now
    >>> applying for citizenship..9 years later.
    >>> So wich way should I go? Check the "no" box ( I haven't lived....)
    >>> or
    >>> check the "Yes" box and open the can of worms? Do they really pay
    >>> attention to this stuff?
    >> Always answer the questions truthfully.
    >> You don't have anything to fear, anyway.
    >>> Main reason I am asking this because I got my GC when I was already
    >>> 30..and INS used the date of me getting the GC as my "entry date"..
    >> So you weren't required to register. What's the problem?
    >> -Joe
    >> --
    >> I am not a lawyer.
    >> For reliable advice, consult a competent immigration attorney.
    >
    > I disagree. All aliens even illegal aliens, other than the few types
    > listed on the SS site, are required to register.


All males between the ages of 18 and 25 inclusive are required to register,
*except* for males in valid non-immigrant status.
The OP was in valid non-immigrant status, so he wasn't required to register.

    > As he had filed for
    > AOS before his 26th birthday, he was required to register.


Nope. See above. A person becomes an LPR and therefore is in valid immigrant
status only with *approval* of AOS, not with filing the application.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old Oct 11th 2006, 7:33 am
  #6  
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Default Re: Selective service again!.N-400

Originally Posted by Joe Feise
All males between the ages of 18 and 25 inclusive are required to register,
*except* for males in valid non-immigrant status.
The OP was in valid non-immigrant status, so he wasn't required to register.

    > As he had filed for
    > AOS before his 26th birthday, he was required to register.


Nope. See above. A person becomes an LPR and therefore is in valid immigrant
status only with *approval* of AOS, not with filing the application.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Again, I disagree. He was not in a non-immigrant status but rather in a status viewed as pro-immigrant status at the age of 25 when he filed for AOS. By filing he had changed his non-status to pro-status. You do not have to be approved to be in immigrant status just the act of filing places you in that status. He was not an H-1B, L-1, F-1, etc. but pending adjustment with full intent to immigrate to the US due to his having filed for adjustment. In an case, as I noted the OP is clear since five years have passed since his 26th birthday.
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