Do I Have to Sign Up for Selective Service?

Selective Service registration allows the United States Government to maintain a list of names of men who may be called into military service in case of a national emergency requiring rapid expansion of the U.S. Armed Forces. By registering all young men, the Selective Service can ensure that any future draft will be fair and equitable.

So do you have to sign up? Well, the answer really depends on a lot of different information about you. First of all, the requirement is only for men, as women are not required to register. There are a few other exceptions to the Selective Service registration requirement. Men born between March 29, 1957 and December 31, 1959 were never required to register because the registration program was not in operation at the time they turned 18. The requirement to register applies to all men born on or after January 1, 1960. Men on active duty in the U.S. Armed Forces do not have to register for Selective Service. Additionally, if a man turns 18 while enrolled in certain U.S. military colleges, such as the U.S. Naval Academy, he does not have to register.

Men who are lawfully present in the U.S. on a non-immigrant visa, such as an H1B, F-1, L-1, J-1, are not required to register. However, a non-immigrant who has failed to maintain legal status for more than 30 days is required to register. The same requirement applies to student non-immigrants who fail to maintain full-time student status. Non-immigrants who entered the U.S. without inspection (EWI's), those who have stayed past the 90 days in the Visa Waiver Program (VWP), or whose I-94 cards have been expired for more than 30 days (without a timely filing of extensions or changes of status) are also required to register.

Congress has made registration with Selective Service a condition for U.S. citizenship if the man first arrived in the U.S. before his 26th birthday. As a result, all men in the United States between the ages of 18 and 25, other than the few exceptions, must register with Selective Service to be in compliance with federal law and to stay eligible for U.S. citizenship. This requirement applies to all undocumented immigrants as well.

When filing for adjustment of status or consular processing of an immigrant visa, men between the ages of 18 and 25, who are required to register for Selective Service, are automatically registered if they file using the more recent I-485 application form, implemented on February 7, 2000, or the DS-230 form with OMB Approval No. 1405-0015. If a person filed for either process on a different form, he may not have been automatically registered for selective service and should do so immediately if he is still under 26 years of age.

Shihab & Associates Co., LPA recommends that anyone who believes he must register should complete the registration as quickly as possible to avoid any potentially detrimental impact on future plans to obtain U.S. Citizenship. If there are additional concerns regarding whether or not to register with Selective Service, Shihab & Associates can help in guiding you through the process of naturalization.