Common Pitfalls:  Failure to Sign Up for Selective Service

Failure to sign up for Selective Service raises the concerns of the United States Citizenship and Immigration Services (USCIS) regarding good moral character, attachment to the principles of the Constitution, and being well disposed to the good order and happiness of the United States, as well as the requirement that the applicant must be willing to bear arms on behalf of the United States when required by law. These concerns are all grounds for denying an "Application for Naturalization" (N-400) if the failure to register was done knowingly and willfully. Therefore, if you have now passed your 26th birthday, and did not know you were required to register and did not purposely fail to register between the ages of 18 and 25, your N-400 may still be accepted.

To summarize, if you are between the ages of 18-25, and you have not registered, your N-400 application would be denied. If you are between the ages of 26-31, and you failed to register, you risk denial unless the failure to register was not knowing and willful. As far as the USCIS is concerned, the burden to prove this is on you. If you are over 31, the failure to register would be outside the five year period of good moral character review, but the USCIS would still want to be satisfied that the applicant is presently a person of good moral character. In the event that you have failed to register, Shihab & Associates Co., LPA, will do everything we can to assist you in overcoming the obstacles that will confront you in the naturalization process.

Keep in mind that failure to register, while considered a negative factor that would count against naturalization, could also result in prosecution and a fine of up to $250,000 and/or incarceration for up to five years. However, such enforcement is rarely applied. There are still many other consequences of not registering, such as the loss of eligibility for student loans and grants for college, federal job training, and most federal jobs. Additionally, many states have laws that require registration before obtaining or renewing a driver's license or state identification card.

Failure to sign up for Selective Service does not mean that your hopes for naturalization have come to an end. Shihab & Associates can help guide you towards success in obtaining your U.S. citizenship.