Legal Question in Immigration Law in California

Naturalization Eligibility Worksheet question: Selctive Service?

I'm trying to go through the Naturalization Eligibility Worksheet to find out if I can apply for US Citizenship.

Question 10 asks for 'Im a male who did NOT enter the US until after my 26th Birthday'

I have entered the US before my 26th birthday for vacation and a short stay as a student (student visa).

Do I now have to do 10(d) which states that I have to explain why I did not register with Selective Service? What is selective Service?

I'm German, married to a US citizen since 2005.

Thanks for the help


Asked on 1/24/09, 3:55 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: Naturalization Eligibility Worksheet question: Selctive Service?

Selective Service is registration for the draft (military service) for any male who lives in the U.S. between the ages of 18 and 26. That question on the naturalization form actually states, "Are you a male who lived in the United States at any time between your 18th and 26th birthdays in any status except as a lawful nonimmigrant?" Since you've been here as a tourist and on an F-1 student visa, you were in lawful nonimmigrant status, so the answer to that question should be "No." By the way, you're using a very old N-400 form since that question is now Question 33 of Part 10. You should get an updated form. If there were periods when you were in unlawful status (overstayed your visa), which means you were residing in the U.S., then you might have had to register for Selective Service. The immigration officer may bring that up at the interview.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 1/24/09, 4:55 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Naturalization Eligibility Worksheet question: Selctive Service?

You really should have an attorney help you with this, if you are in Southern California contact us.

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Answered on 1/26/09, 1:31 pm


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