If I Did Not Register for Selective Service before my 26th Birthday, Will my Naturalization Application be Denied?

In a previous post, we talked about the eligibility requirements for becoming a U.S. citizen through Naturalization. While most applicants are able to show that they've met a majority of the requirements, the greatest source of application denials are based on good moral character determinations. Naturalization applicants are required to show that they possess good moral character (i.e., "character which measures up to the standards of average citizens of the community in which you reside.") and warrant USCIS's exercise of discretion to approve the N-400 application.

One of the most obvious ways to be denied on good moral character grounds is when you have a criminal record. Depending on the nature of your offenses/convictions, they could bar you from ever showing good moral character. However, there are certainly less serious events/situations that still result in a finding that the applicant "lacks good moral character." In particular, failing to register for Selective Service can be an instant application killer. According to the immigration laws and regulations, if your assigned sex at birth is male, then you are required to register for Selective Service between the ages of 18 and 26 years old. In this blog post, we will discuss how failing to register with the Selective Service before your 26th birthday can affect your naturalization application.

WHAT IS THE SELECTIVE SERVICE SYSTEM?

The Selective Service System is an independent agency of the United States government that maintains information on potential military conscripts in the event of a national emergency. It requires all individuals who are assigned as males at birth between the ages of 18 and 26 to register, unless you are in lawful nonimmigrant status at the time.

WHY IS SELECTIVE SERVICE REGISTRATION REQUIRED FOR NATURALIZATION?

Selective Service registration is required for naturalization because it is a sign that the applicant is willing to serve the United States, if needed. Failure to register is considered a violation of the law, both criminally and civilly, and USCIS takes this matter very seriously, enough so that it can result in a denial of your naturalization application.

WHAT HAPPENS IF AN APPLICANT FAILS TO REGISTER WITH THE SELECTIVE SERVICE BEFORE THEIR 26TH BIRTHDAY?

If an applicant fails to register with the Selective Service before their 26th birthday, they may be ineligible for naturalization. The Immigration and Nationality Act (INA) requires applicants assigned as males at birth to have registered for Selective Service and provide proof of such from the federal government at the time of applying for naturalization. If you are currently between the ages of 18 and 26 years old, then you can still register and avoid this issue altogether.

CAN AN APPLICANT STILL BE ELIGIBLE TO NATURALIZE IF THEY DID NOT REGISTER FOR SELECTIVE SERVICE BEFORE THEIR 26TH BIRTHDAY?

An applicant that is currently between the ages of 26 and 31 years old who did not register for Selective Service may still be eligible for naturalization if they can show that their failure to register was not purposeful or willful or that they were exempt from registering (See the following Chart for those who are exempt). The INA provides that an applicant who failed to register may be excused if they can establish by a preponderance of the evidence that the failure to register was not knowing and willful. Most importantly, the burden of proof is on the applicant to show that they did not knowingly and willfully fail to register.

It is important to note that if you were assigned as male at birth and are currently 31 years old or older, and you failed to register for Selective Service between the ages of 18 and 26, that you will not likely be denied on good moral character grounds; however, an explanation could still be required at the time of filing.

CONCLUSION

In conclusion, failure to register with the Selective Service System can have serious consequences for an applicant's naturalization case. However, an applicant may still be eligible for naturalization if they can show that their failure to register was not willful. It is important for all applicants who were assigned as males at birth between the ages of 18 and 26 to register with the Selective Service System, even if they are not U.S. citizens or lawful permanent residents (unless they are in lawful non-immigrant status).

If you have any questions about selective service registration and/or the naturalization process, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.