Legal Question in Immigration Law in Michigan

selective services

I have been a permanent resident since 1981 and am now 30yrs old. I have been married to and living with a US citizen since 2001.Can I obtain citizenship even I didn't register with the Selective Services.


Asked on 3/01/06, 8:14 pm

1 Answer from Attorneys

Brian Casterline Law Office of Brian C. Casterline

Re: selective services

No. Yes. You will likely be denied upon the initial filing but upon appeal first to the service and then to the Federal Court you will be approved. Issue comes up in regards to your attachment to the Consititution. You had an obligation as a LPR (lawful permannent resident) to register with selective service. Your failure to do so was probably because of negligence and not politicaly motivated. If the service in their enforcement procedures routinely denies all who fail to register. Now that you are past 26, the age when you are removed from the selective service rolls you will not be alllowed to register. To further highlight the idiocy of the BCIS/INS policy bear in mind that registration is for a non-existent draft or conscription. Even now three years into the wars in Iraq and Afghanistan there is no serious thought of reviving the draft. You are being punished for the failure to do something that would not in any way put you at risk. Something that if veiwed in that light you surely would have done if you had known. I do not not in any way mean to disparge military service, I am myself a veteran of 11 years of military service. So what do you do? You need to decide how badly you would like to become a citizen. If you want to do it you can do but it will take a little more time and money than it would otherwise. Why become a citizen. Forget about all the ususal stated reasons about being able to vote and serve on a jury and all that patriotic blather. The most important reason is because once you become a citizen it can not be taken away. The minor crimminal infraction that is a of no consequence to a citizen can have bizarre results for an LPR. Give me a call at my office I would be glad to take your case if you decide to go forward.

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Answered on 3/02/06, 9:19 am


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