US citizenship denied due to non application of selective services?

Question

my fiancee's US citizenship has gt denied due 2 non application of selective services, his appeal hearing date is on oct 18 '06, whn he gt the greencard, he was a minor tht time his father had signed sayng tht whenever required he will apply for the services. But the reminder were snd to him to apply for the services, due to changing his home many times he missed all of them. on this basis uscis has denied it. what do u think are the chances of him get the citizenship during the appeal. he is 15.5.76, whn can he reapply again. pls answer !!1

Answer 1

Not enough facts given. I assume your fiancé was born in Canada, or Sweden or some other place outside the USA.

But the relationship between selective service and US citizenship is very tenuous. For example, an alien resident who declines the draft on the basis of foreign nationalty forever forfeits the right to US citizenship. The outcome in Moser v. United States, 341 U.S. 41 (1951) http://supreme.justia.com/us/341/41/case.html depended on a particular treaty with Switzerland (8 Whiteman, Digest of International Law 540-72 (1967)).

The only thing I can think of is that for some reason (that, or a similar one) your fiancé's father lost his citizenship. (Or if he didn't have US citizenship he lost his green card: but then your fiancé, if born abroad, wouldn't be an American citizen anyway.) But while citizenship can theoretically be lost for treason, it's more than rare in recent years: it's nonexistent. (It's easier just to style the citizen a n enemy combatant and lock him away forever.)

Or maybe the old "retention" rule came into play; or the revocation rule for certain dual nationals who spent excessive time abroad or in their other country of nationality. But the latter rule was retroactively abolished by the Supreme Court, and all anyone had to do to reclaim (i.e., accept the return of) his or her US nationality was to apply for a passport, or to "utilize some attribute" of it (the latter is the IRS's rule for deeming such a person an Amcit for tax purposes).

You really need to clarify both facts and question. If question there is.

Answer 2

Your fiance should have notified Immigration every time he moved to a different address. There's a card at the post office to put in for a change of address, but he also needed to fill out the form at the Immigration office. Otherwise he wouldn't be in the predicament he's in now. He might be able to register for selective service before the appeal date, and if they're understanding enough, he can explain to them why he hadn't registered yet, and show proof of registration, and they might let him slide. It all depends on how backed up your local USCIS office is. He can even register for the selective service online, and print out the proof of registration. He won't get citizenship at his appeal, but they might reverse the denial. If not, he'll have to wait about 6 months to apply again, and pay the fee again.

Answer 3

Hey look here's the cold hard facts, you've got to play the game if you want to be a citizen. There's not a draft anymore so fill out the selective service card

Answer 4

my ex is a naturalized us citizen. even I know you must notify the imm office everytime you move, and you cannot legally change your name before you become a us citizen. you can as you become a citizen. sounds fishy to me. and EVERYONE in the us schools know they remind you constantly and you get letter in the mail, even disabled kids, to register for the selective the notices come from the fed govt via you being in school.

he is in big trouble. hint no student loans or grants. not registering is a big deal. my ex had a huge family of boys. the all knew what to do.

Answer 5

Registration for selective service is mandatory for all male US citizens and legal permanent residents, whether or not anyone sends a reminder in the mail.

He can still register now, but they might not care.

.

Answer 6

When he filled out the form and it asked if he had registered why didn't he go to the post office and register?

Answer 7

Tell him to see the Army recruiter, one tour in Iraq and he is a shoe in for citizenship.