The Common Law

Citizenship and the Selective Service

I have been a legal resident since 1998, and I want to bean U.S. citizen, but I never registered for the Selective Service. I never got a notice telling me I had to do that. My permanent resident card will expire soon, but I do not want to apply for citizenship unless I qualify. Is this a problem?

All males between the ages of 18 and 26 who were born after 1959 and live in the U.S. with anything but a lawful nonimmigrant status must register for the Selective Service. Immigration views registration for the Selective Service as an indication of good moral character. A naturalization applicant must prove that for the five years prior to their application they have been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed toward the good order and happiness of the United States.

If a man has failed to register for the Selective Service, there are three possibilities, depending on his age. If the applicant is between the ages of 18 and 26, he must register for the Selective Service in order to become a citizen. If he submits his application without having registered for the Selective Service, he will be given a chance to register, and failure to do so will result in the rejection of his application. If the applicant is between 26 and 31 years of age, he must prove that his failure to register was not knowing and willful or that he was not required to register. Failure to provide this information will result in a denial of the application. If the applicant is over 31 years of age and failed to register for the Selective Service, even if he did so knowing that it was a requirement, he likely will not be denied naturalization as it falls outside of the five-year period required to show good moral character. This person may be denied if other information on the applicant indicates that he is not disposed to the good order and happiness of the United States.

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Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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