The U.S. government and armed forces created Selective Service Registration to track which men can be called into military action in case of national emergencies. Men ages 18-26 are generally required to register with Selective Service.
Registering with Selective Service does not mean that the individual is joining the United States military. Instead, they’re merely informing the government that they can be contacted for service in the future should a national emergency demand their call to duty. In the event of war or an actual national emergency, not all persons who have registered will likely be called for service.
Selective Service Responsibilities for Immigrants and Nonimmigrants
Documented and undocumented immigrant men ages 18 through 25 must register for selective service.
The law demands that registration transpires within 30 days of the man’s 18th birthday, but late registrations are accepted before he turns 26. Undocumented aliens may register for selective service even without a social security number (SSN). However, the Selective Service System (SSS) advises that the alien should inform the SSS if an SSN is subsequently obtained.
There are exceptions for individuals on active duty in the U.S. armed forces, cadets or midshipmen at Service Academies or the Coast Guard Academy, and students in particular officer procurement programs:
- Military Related
- Members of the Armed Forces on active duty
- Cadets and Midshipmen at Service Academies or Coast Guard Academy
- Cadets at the Merchant Marine Academy
- Students in Officer Procurement Programs at the Citadel, North Georgia College and State University, Norwich University, Virginia Military Institute, Texas A&M University, Virginia Polytechnic Institute, and State University
ROTC Students
- National Guardsmen and Reservists not on active duty
- Delayed Entry Program enlistees
- Separatees from Active Military Service, detached for any reason before age 26
- Men rejected for enlistment for any reason before age 26
- Civil Air Patrol Members
- Immigrants
- Permanent resident aliens (USCIS Form 1-551)
- Seasonal agricultural workers (H-2A Visa)
- Refugee, parolee, and asylee immigrants
- Undocumented immigrants
- Dual national U.S. citizens
- Confined, incarcerated, hospitalized, or institutionalized for medical reasons
- Handicapped physically or mentally
- Continually confined to a residence, hospital, or institution
- Gender Change / Transgenders
- U.S. citizens or immigrants who are born male and have changed their gender to female
- Individuals who are born female and have changed their gender to male
It is necessary to note that SSS explicitly states that it does not gather data about an alien’s immigration status or lack thereof. Undocumented male aliens between 18 and 25 should satisfy the selective service requirement and know they are not placing themselves at greater risk of adverse immigration consequences.
Aliens in the United States with valid nonimmigrant visas are not directed to register for selective service so long as they remain in status. Yet, if an alien between 18 and 25 years of age lets his status lapse, he will be mandated to register for selective service if he stays in the United States.
Asylees, refugees, and parolees are needed to register for selective service.
Aliens who are mandated to register and intend to seek student financial aid, government employment, or job training benefits are urged to register directly with selective service to ensure eligibility for such benefits.
Note on Transsexual Men and Women
The selective service requirement applies to any born male person, regardless of gender reassignment. Also, it does not apply to anyone born female, regardless of gender reassignment.
USCIS Helps Applicants for Lawful Permanent Residency Register
Starting on December 1, 2000, United States Citizenship and Immigration Services made the complete transition to using Form I-485, Application to Register Permanent Residence or Adjust Status, for applications for LPR status. Among other things, this streamlined the selective service application process for LPR applicants.
When USCIS accepts a Form I-485 submitted by a male between 18 and 25, it will send his info to the SSS, and he will be registered automatically. Nevertheless, if the application is not accepted and the alien otherwise needs to register, he should do so directly with the SSS. The SSS continuously checks its documents upon receiving an application to avoid repetition.
Selective Service and Eligibility for Naturalization
Failure to register for selective service constitutes a non-permanent bar to naturalization. According to the USCIS Policy Manual, an applicant who seems to have failed to register may be requested to submit a status information letter and registration acknowledgment card. The applicant will have the chance to establish by the preponderance of the evidence that the failure to register was not a deliberate act (negligence on the part of USCIS or SSS to register the applicant will not be deemed a willful failure).
Applicants who failed to register and are between 18 and 25 will typically be found ineligible for naturalization. Because the good moral character (GMC) period for naturalization is five years, an applicant between the ages of 26 and 31 who failed to register may be ineligible for naturalization unless he can demonstrate that the failure to register was not known or intentional.
Applicants over the age of 31 and who had failed to register will typically not be found ineligible for naturalization on the history of the failure to register.
Please note that males born after March 29, 1957, but before December 31, 1959, are exempt from the selective service registration requirement.
What Is the Relationship Between Selective Service and Immigration Laws?
All male immigrants ages 18-26 must register with selective service. This includes:
- Men with lawful permanent resident status (i.e., green card holders)
- Undocumented aliens
- Particular seasonal and special agricultural workers
- Aliens with a parolee, refugee, or asylees status
If the person is already 26 years old, they don’t need to register with Selective Service. On the other hand, failure to register when required can result in strict legal penalties.
What Are the Legal Consequences for Failing to Register With Selective Services?
Failure to register with Selective Services when required to do so can result in the following results:
- Jail sentences for up to 5 years
- Fines ranging up to $250,000
Also, Selective Service registration is usually needed to qualify for federal job training, national benefits, and federal financial aid.
How Does Selective Service Impact the Naturalization Process?
Failing to register with Selective Services can negatively affect an individual’s chances for naturalization.
To qualify for naturalization (i.e., becoming a U.S. citizen), the applicant must demonstrate their loyalty to the U.S. and willingness to support the Constitution. Not registering with Selective Services can be regarded as a form of “unwillingness” to uphold the Constitution by bearing arms or other support.
Therefore, individuals seeking naturalization should be sure to register with Selective Service if required to do so.
Should I Hire a Lawyer for Assistance With Selective Service and Immigration Laws?
Selective Service requirements are an essential part of many immigration laws. If you have any questions or concerns regarding Selective Service and immigration laws, you may wish to contact an immigration lawyer immediately.
Your attorney can assist you with Selective Service requirements and can help ensure that you are meeting all of the rules and regulations under the law. Use LegalMatch to find the right lawyer for your needs today.
