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Immigration Forum / USA Marriage Base / August 2005



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Selective Service Requirements.

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Seanus - 30 Aug 2005 15:22 GMT
http://www.sss.gov/FSwho.htm

"Almost all male U.S. citizens, and male aliens living in the U.S., who
are 18 through 25, are required to register with Selective Service"...

...."Almost all male noncitizens are required to register, including
illegal aliens, legal permanent residents, and refugees. The general
rule is that if a male noncitizen takes up residency in the U.S. before
his 26th birthday, he must register with Selective Service."

On my current visa being an exchange visitor/student I was not required
to register to Selective Service when I arrived in the U.S. Now that I
am adjusting status to that of LPR its becomes mandatory for me to
register. However, I will be turning 26 (yes I know, still a spring
chicken) around that time of filing my AOS paperwork.

Would I still be required to register?
Do they take a persons age on the day that they file for adjustment of
status or the day that my LPR status is approved?
If it's the latter of the two, then I would surely not have to register.

Just curious to learn what the general ruling would be on the age
requirement as close as mine.

~Sean~
Rete - 30 Aug 2005 16:12 GMT
> http://www.sss.gov/FSwho.htm
>
[quoted text clipped - 23 lines]
>
> ~Sean~

If I were in your shoes and male, I would register the day I applied for
residency.  There is no draft at the moment, plus, as you noted, you
will be 26 shortly afterwards and therefore, ineligible for the draft.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Seanus - 30 Aug 2005 16:25 GMT
> If I were in your shoes and male, I would register the day I
> applied for residency.  There is no draft at the moment, plus, as
> you noted, you will be 26 shortly afterwards and therefore,
> ineligible for the draft.

I wasn't aware that it is a seperate process from AOS, I thought one
would automatically be regsitered if you fall within the requirements
when you file for LPR status. But if I 'have to' register seperately for
it, then I guess by me turning 26 around that time then it would not
effect me... and like you said Rete, I would then be ineligible and not
need to register :)

Hopefully it wouldn't be an issue, and am I correct in assuming that
even if you regsitered at the age of 25,  once you turn 26 then you are
no longer considered anyway and will be excluded from any draft should
it happen?
Rete - 30 Aug 2005 16:33 GMT
> I wasn't aware that it is a seperate process from AOS, I thought one
> would automatically be regsitered if you fall within the requirements
[quoted text clipped - 7 lines]
> are no longer considered anyway and will be excluded from any draft
> should it happen?

Yes to both.  It is a separate process.  However, note if you are
required to file and did not before your 26th birthday you will delay
naturalization eligibility until you are 29th.  For you this will not
be an issue since you will not be a PR until after your 26th birthday
and therefore not eligible for naturalization until three years after
that date.

However, for others who are say 24 when they become PRs and are eligible
for naturalization in three years (age 27), they will have to wait until
age 29 to apply because not filing is a sign of not being of good moral
character.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Seanus - 30 Aug 2005 16:42 GMT
> Yes to both.  It is a separate process.  However, note if you are
> required to file and did not before your 26th birthday you will delay
[quoted text clipped - 7 lines]
> wait until age 29 to apply because not filing is a sign of not being
> of good moral character.

Interesting! So basically, they take the date that you get your PR
status approved, and that is when you are required to reisgter for the
Selective Service and not while you are pending adjustment of status?

Meh, either way, I was just curious to know whether I would or wouldn't
have to register for this, with my 26 birthday being right ontop of when
I file for AOS, and also good to know that it won't affect my
naturalization process in 3 yrs time :)

Thx for the input Rete
Noorah101 - 30 Aug 2005 16:46 GMT
> Interesting! So basically, they take the date that you get your PR
> status approved, and that is when you are required to reisgter for the
[quoted text clipped - 6 lines]
>
> Thx for the input Rete

A friend of mine went ahead and sent in the registration form while he
was 25 and had Pending AOS status, just to make sure.  He figured if
he wasn't eligible, they'd disregard his form, and if he was eligible,
then great...he didn't jeopardize his future naturalization.  He had
to actually print the form and mail it in...it wouldn't accept his on-
line submission.  He figured better safe than sorry.  As it turned
out, he just became a PR, and is still 25, so it's a good thing he
mailed it in! :)

Rene
Seanus - 30 Aug 2005 16:49 GMT
> A friend of mine went ahead and sent in the registration form while he
> was 25 and had Pending AOS status, just to make sure.  He figured if
[quoted text clipped - 6 lines]
>
> Rene

Morning Reneeee, you sleep in eh? ;)

So you think its worthwhile to register anyway, and let them make the
decission of whether I'm eligible and 25 yrs and 350+ days or not? hehe

Did your friend ever hear back from them and what was there decission?
Noorah101 - 30 Aug 2005 17:26 GMT
> Morning Reneeee, you sleep in eh? ;)
>
[quoted text clipped - 3 lines]
>
> Did your friend ever hear back from them and what was there decission?

No sleeping in for me!  I actually had some real work to do! LOL  My
friend hasn't heard anything back from Selective Service, but then again
not sure if he was supposed to.  The only proof he has of registering,
is a photocopy of what he mailed in, with a handwritten date when it was
mailed.  I wonder if there's a way to check on line and see if his name
is in their registry?

Rene
Rete - 30 Aug 2005 17:51 GMT
> No sleeping in for me!  I actually had some real work to do! LOL  My
> friend hasn't heard anything back from Selective Service, but then
[quoted text clipped - 4 lines]
>
> Rene

Believe he can do that online by using his SSN

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

business+ - 30 Aug 2005 18:50 GMT
> Believe he can do that online by using his SSN

Noorah101,
it takes up to 30 days to hear something from them. Yes, he can check
if he is registered online here >
https://www4.sss.gov/regver/verification1.asp  Mostly in three weeks
your friend will receive a Selective Service card and that will be
his proof. :)
Noorah101 - 30 Aug 2005 18:57 GMT
> Noorah101,
> it takes up to 30 days to hear something from them. Yes, he can check
> if he is registered online here >
> https://www4.sss.gov/regver/verification1.asp  Mostly in three weeks
> your friend will receive a Selective Service card and that will be his
> proof. :)

OK, cool.  Thanks business+ and Rete. :)

Rene
Seanus - 30 Aug 2005 19:19 GMT
> OK, cool.  Thanks business+ and Rete. :)
>
> Rene

Gee, I should get some Karma for starting this thread haha!
*Pats himself on the back*
meauxna - 30 Aug 2005 19:44 GMT
> Gee, I should get some Karma for starting this thread haha!
> *Pats himself on the back*

It is done, my little karma whore ;)
Seanus - 30 Aug 2005 19:50 GMT
> It is done, my little karma whore ;)

Who's your Biatch LOL :P
Seanus - 30 Aug 2005 19:44 GMT
> Gee, I should get some Karma for starting this thread haha!
> *Pats himself on the back*

Some FYI for all...

I emailed the Selective Service for more information pertaining to my
situation and I got a reply back stating the following:

"If there is a lapse of 30 days between the time your J-1 VISA status
expires and when you turn 26 years old and you are still residing in the
United States, you are required to register with Selective Service
System. It will be to your advantage to register with Selective Service
if this will be your case. A man must be registered to stay eligible for
student loans and grants for college, most Federal employment, all
background security clearances, many state jobs, job training under the
Workforce Investment Act, and citizenship (if he is not yet a U.S.
citizen)."

Am I reading this correct....
I will turn 26 one week after my J-1 expires, (but will be married
before then anyway), therefore I do not need to register with the
selective service, as the 30 days wouldn't have elapsed as mentioned
above, correct?
Noorah101 - 30 Aug 2005 20:48 GMT
> Some FYI for all...
>
[quoted text clipped - 16 lines]
> selective service, as the 30 days wouldn't have elapsed as mentioned
> above, correct?

That's the way it looks to me.

Rene
Noorah101 - 30 Aug 2005 20:45 GMT
> Gee, I should get some Karma for starting this thread haha!
> *Pats himself on the back*

You got it, dude! :D

Rene
Bob - 30 Aug 2005 20:34 GMT
> A friend of mine went ahead and sent in the registration form while he
> was 25 and had Pending AOS status, just to make sure.  He figured if
[quoted text clipped - 6 lines]
>
> Rene

They don't make it easy do they unless you have the greencard...I sent
in the stuff by paper a while ago, but got nothing back, nor anything
saying i'm registered online...would be a pain to have to bother go
through it again, and I still don't have my greencard *l*
Rete - 30 Aug 2005 17:02 GMT
> Interesting! So basically, they take the date that you get your PR
> status approved, and that is when you are required to reisgter for the
[quoted text clipped - 6 lines]
>
> Thx for the input Rete

No, that is not what I said.

I used the age and date only to show that he was legally within the US
and legally required to register and did not and therefore was not
eligible to naturalize because he did not demonstrate good moral
character.

You must register if you are pending.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Seanus - 30 Aug 2005 17:06 GMT
> No, that is not what I said.
>
[quoted text clipped - 4 lines]
>
> You must register if you are pending.

OK I got ya! ;)
Folinskyinla - 30 Aug 2005 21:58 GMT
> http://www.sss.gov/FSwho.htm
>
[quoted text clipped - 23 lines]
>
> ~Sean~

Hi:

I think you are in a no-harm no foul situaiton.  However, go to
www.sss.gov and register on-line.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Bob - 30 Aug 2005 23:12 GMT
> Hi:
>
> I think you are in a no-harm no foul situaiton.  However, go to
> www.sss.gov and register on-line.

That's the problem, you can't until your an LPR, pending isn't in their
system and your told you can't apply, and if you still want to, you can
print off a form and do it by mail.
Seanus - 30 Aug 2005 23:22 GMT
> Hi:
>
> I think you are in a no-harm no foul situaiton.  However, go to
> www.sss.gov and register on-line.

Hey Mr F. From the information that I was given in response to an email
of mine to the Selective Service, It's seems that I will just miss the
requirement on having to register due to the fact that my 26th birthday
will fall within a 30 day period of my visa status expiring. Hope that
makes sense? :)

"If there is a lapse of 30 days between the time your J-1 VISA status
expires and when you turn 26 years old and you are still residing in the
United States, you are required to register with Selective Service
System...."
 
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