Selective Service Registration Requirement
Posted Aug 01, 2003
Those men required to register for Selective Service, who are filing for adjustment of status or consular processing of an immigrant visa, 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.
All males, ages of 18 through 25, who are either permanent residents or otherwise in the U.S. (except those in lawful nonimmigrant status), must register for the Selective Service. The Selective Service is not an automatic military draft. Rather, it is a registry of those who may be drafted should there ever again be a change in the law requiring a "draft" for mandatory military service. If the draft were reinstated, a lottery based on birthdays would be implemented to require military duty for persons registered for Selective Service. The first men called would be those who are or will become twenty years of age within that year. After that, if additional men are needed, the lottery would seek those aged 21 years, followed sequentially by those men ages 22 through 25. Men who are18 and 19 years of age would be called only if a shortage existed after all the older men had been called into service. The U.S. has not had a draft for mandatory military service since 1973.
We have discussed issues pertaining to the I-485 forms and Selective Service in our prior MurthyBulletin articles, INS Issues a New Version of Form I-485, from July 09, 2000, and, from August 03, 1999, INS Clarifies Effect of Failure to Register for Selective Service on Naturalization Eligibility, both available on MurthyDotCom.
Nonimmigrants
A nonimmigrant, for example, a person on H1B, F-1, L-1, J-1, who is in valid legal status in the U.S. is not required to register with the Selective Service. However, a nonimmigrant who has failed to maintain legal status for more than 30 days is required to register. In addition, a student nonimmigrant who fails to maintain full-time student status is also required to register with the Selective Service. It is important to understand that nonimmigrants who are required to register include those who entered without inspection (EWIs), 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 (and, presumably, have not filed timely extensions or changes of status).
Verifying Selective Service
Females are not required to register with the selective service. Only those males who are in the U.S. while they are between the ages of 18 and 25, who are either lawful residents or are not maintaining lawful status, as explained above, are required to register. For those who are required to register, but are not sure whether they have done so, the Selective Service WebSite explains this requirement. One must supply his last name, social security number, and date of birth to obtain information.
Failure to Register
Those who fail to register, and who later seek to naturalize to become U.S. citizens, may have trouble doing so. While failure to comply with Selective Service requirements is not an absolute bar to naturalization, it is considered a negative factor against naturalization. Those who fail to register also lose eligibility for student loans and grants for college, most federal jobs, many state jobs, and training under the Workforce Investment Act. Several states also have laws requiring those men who must register to do so prior to obtaining or renewing a driver's license or state identification card. Therefore, failure to register may have severe consequences.
Register before Turning 26 Years of Age
Those who must register must do so before they reach the age 26 years. Otherwise, they are deemed too old to register. A male may register at a local post office or online. A male who has reached age 17 and 3 months may register early to complete the requirement. We recommend that anyone who believes he must register should complete the registration as quickly as possible to avoid any potentially detrimental impact on the future.© The Law Office of Sheela Murthy, P.C.
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