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I'm currently a green card holder who originally entered the US on a student visa, married an American and got a green card. I'm now looking to get citizenship, but I'm in a bit of a bind about the selective service requirements.

When I got my green card (in 2002) I had just turned 26 the previous October. I believe that when I first started the application for my green card, I must have been 25 (I was 25 when I got married) and I registered for selective service. However, the selective service has no record of me registering, but I must have done or it would have been an issue applying for a green card (and I distinctly remember registering at the post office). I believe what might have happened is this:

  • I was 25 when I started my green card application, so I registered for selective service. However, at that point I was a lawful non-immigrant still so, I'm guessing, I wasn't registered immediately? Does it become pending at that point? Is it even possible to register if you are a non-immigrant?
  • By the time my green card process was finished and I became an immigrant I had already turned 26.
  • My selective service registration at this point would have been rejected (in which case, letting me know might have been nice) because now I'm too old.

So looking at the n-400 form, part 11 #46 A:

Are you a male who lived in the United States at any time between your 18th and 26th birthday?
(This does not include living in the United States as a lawful nonimmigrant)

I original checked "Yes", but then realized I had no idea what my selective service number was (for part B). Now I'm thinking I should just check "No" and leave it at that. I was a nonimmigrant until I turned 26, right?

Does that sound right? Should I just check "No" and move on? Or is this something I need to worry about? I had been living under the belief that I was registered up until now.

2 Answers 2

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There are quite a few discussions and answer to these particular question elsewhere on the interweb:

Long story short you should have answered NO since you were on a student visa but it may not matter anyway because according to USCIS you don't need to submit status information letter from Selective Service since by my calculation you should be 39 by now.

Item 46.C.2:

If you answered “Yes” and:

  • You are more than 31 years old when you apply OR
  • You are over age 29 and applying based on marriage to a U.S. citizen

    you do not need to submit a status information letter from the Selective Service or a written statement explaining why you did not register

One thing you could attach would be that you have attempted to register during your application for Green Card.

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  • Ok - so it's sound like a non-issue (for me at least) because I am too old either way. Thanks. I'm still really curious as to what actually happened when I original registered.
    – Wjousts
    Nov 4, 2014 at 16:15
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Applying for adjustment of status doesn't affect your existing status. You were still in F-1 nonimmigrant status until either you violate the terms of that status (e.g. if you stopped going to school, or you work outside of school outside of OPT, etc.) or you get permanent residency. If you were still in F-1 status until after you turned 26, then you were never required to register.

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