If you are applying for a green card, you might think, “Can green card holders get drafted for military service?”
First of all, the United States no longer has a drafting military system. Joining the U.S. military is purely voluntary.
But all-male U.S. citizens and immigrant non-citizens between the ages of 18 and 25 should register with the Selective Service System.
What is the Selective Service System?
The Selective Service System is a list of eligible men who can be summoned into a military draft under Section 50 of the United States Code Ch. 49.
Although the United States no longer has a military draft (as of January 1973), the country still tracks eligible individuals who can fight on its behalf in the event of a national defense emergency.
You are not committing to join the military when you apply for Selective Service. However, you are registering to serve the United States armed forces in the event of a war or national emergency.
Who Must Register for Selective Service?
Selective Service is required for all men between 18 and 26. This implies that even if you are not a US citizen, you must register if you want to stay in the country.
This includes individuals who are:
- U.S. Citizens, including naturalized citizens
- Lawful Permanent Residents (LPRs)
- Asylum seekers
- Refugees
- Any male with a visa in the United States
Why Is It Important for Immigrants to Register for Selective Service?
Registering for the Selective Service is a legal obligation. Failure to register may result in denial of the following:
- U.S. Citizenship application
- Programs for federal student loans and grants
- Workforce Investment Act’s federal job training
- Federal jobs or contractor security clearance
- Potential citizenship through future legislation (such as the DREAM Act or Comprehensive Immigration Reform)
There are no exceptions to the Selective Service regulation for undocumented aliens. If you are over the age of 26, there are special rules that apply to you.
Selective Service for Immigrants Aged Between 26 and 31
You are out of age to register for Selective Service if you are between 26 and 31. Still, you must demonstrate to USCIS that you are in good moral character to become a U.S. citizen.
As a general rule, you must have at least five years of good moral character. Many people wait until they are 31 to petition for citizenship.
If you are married to or living with a U.S. citizen and filing for naturalization, you are exempt from the five-year moral standing requirement.
In this case, you simply need to demonstrate three years of good moral character.
Selective Service and Permanent Residency
Foreign nationals between 18 and 26 years old applying for permanent residence in the United States using Form I-485 must sign a declaration stating they understand that applying will automatically register them in the Selective Service.
Selective Service and Naturalization
Form N-400 is available for lawful permanent residents wanting to become US citizens through naturalization. In this form, you must state if you are a male aged 18 to 26.
If you are, you must mention the date you registered with the Selective Service and the registration number allotted to you. You must also attach a statement explaining why you did not register and submit a status information letter.
If you are under the age of 26, you must register before completing the application.
Who is Exempted from Green Card Selective Service?
The following individuals are exempted from Selective Service registration:
- Nonimmigrants who have lawful nonimmigrant status (such as H-1B, H-2A, L-1, F-1, etc.)
- Active duty members of the armed forces
- Cadets and midshipmen at the Coast Guard Academy and Service Academies
- Students enrolled in some educational institutions’ officer procurement programs
- Transgender males born feminine but have changed their gender to male (transgender women assigned male at birth must register)
What to Do If You are Not Aware of the Selective Service Registration Requirement
You can take steps to prove your willfulness in obtaining your naturalization at USCIS. You should also explain why your application failed to register with selected services.
In addition to the Form NP-405, you must provide:
- A Status Information Letter, also known as a Selective Service Letter
- A sworn declaration indicating your explanation why you did not enroll for selective service
- Other affidavits from authority figures attesting that you are not aware of the Selective Service registration requirement
Bottom Line
Selective Service registration is related to a person’s moral character, which is a key necessity for citizenship.
While failure to register is not an automatic bar to citizenship, it is a problem that should be addressed with legal counsel before filing for naturalization.
You can ask for assistance from an immigration attorney to help you with your immigration needs.
