One of the several requirements for a male applicant for naturalization is proof that he registered for selective service if he arrived in the United States between the ages of 18 to 26. A reader sent a question asking about the effect of failure to register.
Dear Atty. Lou,
My nephew has been a green card holder for more than five years. He is now 27 years old and forgot to register for selective service. Can he still apply for naturalization?
Ben
Dear Ben,
The general rule is that all male residents of the United States born after 1959 are required to register for Selective Service upon reaching the age of 18. This obligation exists until the male resident has either registered or reached the age of 26. If the male applicant for U.S. citizenship arrived in the United States after the age of 27 years old this requirement does not apply.
Applicants for naturalization are supposed to prove good moral character by obeying local, state and federal laws. The requirement to register for Selective Service is mandated by federal law under the Military Selective Service Act (MSSA). But there are also acceptable reasons for failure to register; one of which is proof that the failure to register was not a knowing and willful.
Your nephew may still apply for naturalization provided that he shows that the failure to register was not “knowing and willful”. This may be proven through preponderance of evidence and the type of evidence depends on the circumstances of his particular case. Examples of evidence include proof that an applicant graduated from high school abroad and did not have the guidance of a teacher or counselor who could advise him of the requirement to register. Or he may have been given false information resulting in the misunderstanding about registering for selective service.
If your nephew does not have sufficient evidence that his failure to register was not willful, he can apply for naturalization only when he reaches the age of 31 years old that means five years past the statutory period during which the applicant is required to establish his good moral character and his attachment to the good order and happiness of the United States. In the case of your nephew, he needs to wait four more years before he can apply for naturalization.
Cards or forms to register for selective service may be availed of at local post offices. Registration on-line may be effected by visiting the Selective Service System website at www.sss.gov. After registration, a selective service registration card will be sent back to the person who registered on line.
I hope this information is helpful.
Atty. Lou
(Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 1 888 930 0808, email at law@tancinco.com or visit her website at tancinco.weareph.com/old. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com)
