Lawyers.com > Understand Your Legal Issue > Immigration > US Immigration Laws and the Selective Service

There are millions of foreign nationals (aliens or non-US citizens) in the US right now, and more enter the country everyday. They come here for a variety of reasons. Some are here with the hopes of becoming US citizens; some enter the US temporarily with no intention of staying, like students and those here on short-term business, and some foreign nationals are in the US illegally.

Regardless of why you're in the US or how you got into the country, as a foreign national you need to have an understanding of how the US immigration laws and the Selective Service System (SSS) work together. In short, you need to know if you're required to register with the Selective Service and, if so, when you have to register.

What the Selective Service System Is and Isn't

The US armed forces are made up of volunteers, that is, men and women choose to sign up or "enlist" in one of the branches of the armed services. They serve for a set number of years, usually four, and they are paid for their service. The US armed forces generally are fully staffed, meaning the government has enough military personnel to carry on its current duties and responsibilities.

However, there's always a possibility that a national emergency may come up that requires an immediate increase of people serving in the armed forces, like a surprise attack by some enemy of the US. How does the government find the people needed?

This is where the Selective Service System comes into play. Generally, the System is how the US government keeps track of persons in the country who can serve in the US military in case there's a need for a rapid increase in the armed forces. By registering with the System you're not joining the US military. Nor does it mean that you'll definitely be called into active service at some future date. Rather, you're simply letting the government know that you're available for service and how you can be contacted, if needed.

Who Must Register?

The general rule is that all men in the US who are between the ages of 18 and 25 must register with the Selective Service System. As a foreign national, there are some exceptions and a few details about this general rule that you need to know about. For one, women don't have to register. In addition, if you're a man, you don't have to register if:

• You're in the US on a non-immigrant or temporary visa, such as a student visa or a visitor's visa
• You entered the US after your 26th birthday
• You didn't enter the US, or you didn't maintain your lawful non-immigrant status by continually remaining on a valid visa, until after your 26th birthday

You must register, on the other hand, if:

• You're a lawful permanent resident (LPR) in the US, that is, you have a "green card"
• You entered the US without going through the proper procedures with the US Citizenship and Immigration Services (USCIS). In other words, you're an "undocumented immigrant" or "illegal alien." Sometimes this is referred to as "entering without inspection" (EWI)
• You're in the US on a temporary non-immigrant visa, like a visitor's visa, and you fail to maintain legal status for more than 30 days, such as by not renewing your visa
• You're in the US on a student visa and you fail to maintain full-time student status
• You entered the US under the visa waiver program (VWP), which allows certain foreign nationals to enter the US without a visa, and you stayed beyond the 90 days allowed under the VWP
• You've been granted refugee status or asylum in the US, which means, generally, you're in the US because it's unsafe for you in your homeland
• You're working in the US as a special seasonal agricultural worker
• You came to the US under a valid non-immigrant visa but your Form I-94, which sets out the details of when you entered the US and when you must leave, has been expired for more than 30 days

Dangers of Not Registering

Not registering with the Selective Service can have a big impact on your future. If you're a US citizen and don't register, you could face criminal charges, a fine of up to $250,000, and up to five years in prison. Also, you won't be able to qualify for student financial aid for college.

What about non-US citizens? If you're required to register and don't, then you may be barred forever from becoming a US citizen. As part of the naturalization process, the procedure that allows foreign nationals to become US citizens, you need to establish your good moral character. The USCIS will look carefully at your actions and behavior during the five year period before you filed your application for naturalization. If the USCIS finds that you didn't register during that five year period, there's good chance that your application will be denied. Your failure to register may show a lack of good moral character.

So, generally, if you're a man and between the ages of 18 and 25, you're legally required to register. If you're thinking about applying for citizenship, or there's a chance that you may apply sometime before your 32nd birthday, you should register so that you don't jeopardize your chances of becoming a citizen.

Your 32nd birthday is critical because you have to register if you're 26 years old, and the USCIS will look back five years. So, if you're 31 at the time you apply and you didn't register, your application may be denied. If you're 32 years old, the USCIS will focus on your conduct up to the age of 27, at which age you had no obligation to register.

How to Register

You can register in person at any US Post Office. You can also register online at the Selective Service Web site. Also, if you applied for a non-immigrant visa at the US Embassy or Consulate in your native country and you completed Form DS-230, you automatically registered with the Selective Service.

Questions for Your Attorney

• I've almost completed my application for naturalization, and I just realized that I was supposed to register for Selective Service, but I never did. I've been in the US for 10 years, and I'll be turning 27 years old in two weeks. Should I register now?
• My student visa has been expired for 40 days, and I'm in the process of getting it renewed. Do I need to register for Selective Service now, or should I wait to see if my renewal is denied?
• I'm applying for naturalization and the USCIS is asking for proof of my registration with Selective Service. I'm positive that I registered, but I don't have a copy of my registration, the Selective Service says it can't find my records. What should I do?

Related Resources on Lawyers.com^sm

- Non-Immigrant Temporary Visas
- Citizenship
- Find an Immigration Lawyer in your area
- Selecting a U.S. Immigration Lawyer
- Visit our Immigration: U.S. Issues Message Board for more help