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Opinion

Selective Service registration

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

One of the questions that will be asked in Form N-400, the form that is used to apply for naturalization is "Are you a male who lived in the US at any time before your 18th and 26th birthdays? If Yes, when did you register for Selective Service? This question often baffles applicants who entered and lived in the US when they were between 18 to 26 years old but did not bother to check what Selective Service is all about.

Even though the United States does not have mandatory military service for its citizens unlike other countries such as Korea (males only) or Israel (all citizens), it has a system to ensure manpower to the Department of Defense during a national emergency. A federal law called Military Selective Service Act requires all male US citizens and male immigrants between the ages of 18 to 25 to register for selective service. By registering, it does not automatically mean that one is drafted into the military. However, in cases when a military draft is needed, then Selective Service is a good starting point to call on the registrants' ability and availability to serve in the military. If one fails to register within 30 days of his 18th birthday, he can do a late registration until he becomes 26.

It must be emphasized that the law makes it mandatory in stating that all male US citizens, whether born in the US or naturalized (18 to 25) and with a few exceptions, all male immigrants (18 to 25) must register within 30 days of arriving in the US. For male immigrants, this includes legal permanent residents (greencard holders), parolees, asylum seekers, refugees, and even undocumented immigrants. Only certain non-immigrant visa holders are exempted such as those who are here as students, tourists, temporary workers, exchange visitors, among others. If you are exempted, make sure you obtain a waiver letter from the Selective Service System.

Failure to register has very serious consequences as it is a felony punishable by a fine up to $250,000 or a prison term of up to five years, or both. Further benefits of registration includes eligibility for student financial aid, federal and state employment, security clearance, job training and for immigrants, and eligibility for citizenship.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected]

[email protected].

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