If you are applying to become a naturalized U.S. citizen and you never registered for the U.S. military draft through the U.S. Selective Service System, you could have a problem. An applicant for naturalized citizenship who refused to or knowingly and willfully failed to register can be denied on various grounds, including:
- not having the required disposition to the good order and happiness of the United States
- not being attached to the principles of the U.S. Constitution
- lacking good moral character, and
- being unwilling to bear arms on behalf of the United States.
All of these are basic eligibility requirements for becoming a U.S. citizen. This article will explain whether failure to register is going to be a problem for you, and what you should do before you send your application for citizenship.
Were You Required to Register for Selective Service at All?
First of all, if you’re a female, you have nothing to worry about. You have never been required to register for the draft in the United States.
If you are a male, the first thing to find out is whether you were ever required to register for the draft. As a broad rule, if you were living in the United States any time between your 18th and 26th birthdays, and you had a green card or no legal status at any point during that time, you were required to register. (Yes, that means that undocumented immigrants, sometimes called "illegal aliens," are required to register for possible military draft.)
Exceptions do exist, however. For example:
- If you were living in the United States between your 18th and 26th birthdays but all of that time you had some legal nonimmigrant status, such as a F-1 student or H-1B temporary worker, you were not required to register.
- If you were on active duty with the U.S. army, navy, or other branch of the U.S. military (not including the national guard or reserve) between your 18th and 26th birthdays, you were not required to register.
- If, starting 30 days before your 18th birthday and ending on your 26th birthday, you were being cared for in a hospital, nursing home, long-term care facility, mental institution, or at your home or a group home but required a nurse or other medical assistance in order to leave, you were not required to register. However, any period of 30 days or more during which you were released would mean you were expected to register.
- If, starting 30 days before your 18th birthday and ending on your 26th birthday, you were incarcerated, you were not required to register. Again, however, any release of 30 days or more during that time would trigger the registration requirement.
Also see these FAQs from the U.S. Social Security Administration. If you have any doubt about whether you were required to register, consult with an attorney who specializes in military law (Selective Service law in particular).
What to Do If You Should Have Registered for Selective Service But Didn't
If you were required to register but think you didn’t, make sure you are right about this before going any further. Often people registered without even knowing it or remembering it. This happens a lot with people who were students for a time before getting their green card. They needed to register with Selective Service in order to get a student loan and the registration process was just part of some paperwork they have long forgotten about.
It’s easy to check whether you’re registered or not. Just call 847-688-6888 or use the verification tool at the Selective Service System website, www.sss.gov.
Once you’re sure you never registered, your next steps depend on how old you are now.
Next Steps If You're Still Younger Than 26
If you’re still under 26, you need to register with Selective Service before applying for U.S. citizenship. You can do that at your local post office, by returning a Selective Service registration card received by mail, or online at www.sss.gov. Once you receive your Selective Service number, you can go ahead with your N-400 Application for Naturalization.
Next Steps If You're 29 or Older
If you have already turned 31 (or 29, if you’re applying for U.S. citizenship after three years as the spouse of a U.S. citizen), you are in the clear, and you don’t need to send to U.S. Citizenship and Immigration Services (USCIS) with your N-400 citizenship application any explanation or proof of your failure to register.
The reason is because you only need to show good moral character for five years (or three, if you’re applying for citizenship after three years as the spouse of a U.S. citizen), and your failure to register will have happened more than five (or three) years before you applied for citizenship.
Next Steps If You Are Between Age 26 and 31
If you already turned 26 but are still under 31 (or still under 29, if you’re applying for U.S. citizenship after three years as the spouse of a U.S. citizen), it’s too late to register for Selective Service, but you still need to explain to USCIS why you didn’t register. You can do this in an attachment to your N-400. USCIS also wants you to get and send with your N-400 a status information letter from the Selective Service System. That letter proves that you were supposed to register but didn’t.
Your explanation for why you didn’t register can be as simple as saying that you didn’t realize you had to, but it should be truthful and reflect well on your moral character. If your explanation makes clear that you knowingly or willfully refused to register, your application for U.S. citizenship will be denied.
Do I Need to Hire a Lawyer?
Given the high stakes here, you would be wise to consult an immigration attorney before applying for U.S. citizenship. The naturalization process is more demanding than ever, with USCIS changing its policy to mandate applicants to take affirmative steps to prove their assimilation and contributions to U.S. society. Have a look at Is It Worth the Cost of Hiring a Lawyer for U.S. Citizenship or Other Immigration Matters?