abboy

I just received a letter for my son to register in selective service, but he is currently on L2 which is considered non-immigrant alien, our I140 and I485 is just being processed and not approved yet. Do I have to register him now or wait until the GC is approved?

Elvira

If he is over 18, then HE has to register now, I'm afraid... :curse:

BritGuyTN

twitchy sphcinter for your son?

yup, you need to register

<<fingers crossed Iran doesn't need to be invaded>>

JAJ

Why, if his GC has not been finalized?
http://www.sss.gov/MUST.HTM

Elvira

Well, our lawyer certainly advised us that our sons had to register when we submitted out I-485s. Surely, at that point, the distinction between non-immigrant and immigrant is getting somewhat blurred.

Englishmum

No....my son received the letter so I phoned the advice line (where you don't get to speak to a live person, naturally).

If you're on a non-immigrant visa then there is no requirement to register for selective service. We're in the limbo stage as from 11th April when our visas expire and waiting for the Green Cards (we've had the biometrics done, EADs issued and had our Advance Parole authorisation)....

I guess our son should technically register for SS now, but to be honest I think I'll tell him to refrain until the GC's arrive - could be a few weeks, could be a few months... I don't think there will be an imminent draft/conscription....

Bob

aye, as a non immigrant visa, but with a greencard in the works, it gets to be a blur when one wants to apply for citizenship...so for the sake of a few months, might as well just apply.

AdobePinon

Why? He's still a non-immigrant until his new status is approved.

penguinsix

I would register now. While an L2 does not have to register, people who are out of status for > 30 days do. In fact, people who are 'illegal aliens' (i.e. hop the fence) are even required to register:

http://www.sss.gov/must.htm

See also this site:

http://www.afsc.org/youthmil/selecti...ve-Service.htm

Many immigrants are not aware of their obligation to register or do not become aware of this obligation until after they turn 26. The Selective Service has gotten tougher on non citizens that fail to register. The Selective Service is now more likely to assume that a person that failed to register did so "knowingly and willfully. If you want to show that you did not know you had to register for Selective Service, you may have only your word. If, for example, the Selective Service never sent you a notice or you can show that you were not living at the address where the government sent the notices then your word might be enough. You may also have other good explanations for why your failure to register was not done on purpose.


Are there risks to my immigration status if I do not register?

Yes, if you are tried and convicted for not registering.

A conviction for failure to register makes you deportable. This means that if you are not a US citizen you risk being forced to leave the US even if you currently have some legal status in the country.

A conviction for failure to register may also make you inadmissible from the United States. This means that if you are a legal permanent resident now, you could have problems when you try to reenter the United States. If you are not a legal permanent resident, you could lose the possibility of obtaining this status in the future, or even the possibility of entering as a non-immigrant (e.g., as a student, visitor, etc.).

A conviction for failure to register may also make you ineligible for citizenship for at least five years.

The INS may also use your failure to register to deny an application for legal permanent residence ("green card").

penguinsix

The issue is compliance, not availability for the next draft (which probably won't come for a few decades). Compliance, or lack thereof, is what people get in trouble for.

I should also mention if your sons are planning on college (and getting some form of financial aid from the school) then registration is required as part of the scholarship application process.

abboy

Did you send the exemption letter with copy of I-94 or do nothing and just wait for the AOS to be approved before registering?

Rete

You do not have to be a PR to be required to register. Even illegal aliens are required to register. Only visitors and those listed on the SS site with various visa do not.

Elvira

This is an excellent point and deserves highlighting.

abboy

It seems that everyone is encouraging me to register him, If it will affect our AOS application and his college entry , I might as well do it.

Elvira

If you're planning to stay here, you might as well bite the bullet sooner rather than later.

It leaves a very bad taste, but it's just one more hoop they make us jump through...