California Immigration Lawyer Blog

The issue of applying or having applied for Selective Service comes up a lot when applying for naturalization. Recently I have seen a number of clients at my San Francisco office who have not registered for Selective Service. I will write a couple of blog posts on the issue of Selective Service and naturalization.

Applicants for naturalization need to establish good moral character for the five years prior to the filing of the naturalization application (Form N-400) up to the time the oath of allegiance is taken. Although there is no specific law, USCIS (United States and Citizenship Services) interprets a failure to register for Selective Service as an act that reflects negatively on an applicant's ability to establish good moral character.

The Selective Service agency is the agency responsible for maintaining a list of men who are eligible the military draft, if we should have one. All men, even if in the United States illegally, between the ages of 18-25, must register for Selective Service. (If you 26 or older, you are too old to register.) A Social Security number is not required to register. The only exception to the registration requirement is for men who are in the United States in valid non-immigrant status (i.e., students on F-1 visas or professionals on H-1B visas). Women are not required to register.

You may register for Selective Service online on their website or you can use the link at the bottom of this page. You may also register at a post office. In addition, you can register if you are applying for a student loan by completing a Federal Student Financial Aid (FAFSA form). You can check "Register Me" on Box #22 of that form, and the Department of Education will furnish Selective Service with the information to register. Finally, if you are applying for adjustment of status in the United States, you will automatically be registered upon USCIS' acceptance of your Form I-485. (The last page of the form indicates that you agree to have USCIS transmit your information to Selective Service.)

If you are not sure whether or not you have registered with Selective Service or you want proof that you have registered, you may go to their website and click on the link to check registration.

My next few blog posts will discuss how to obtain a status letter from Selective Service and what to do if you have not registered with Selective Service.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: Adjustment of status , Citizenship , F-1 , H-1 B Visas , Selective Service , USCIS

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It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status.. The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.

The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website. You must do the following in this order:

• Obtain a Social Security number
• Complete a Driver License or Identification Card Application
• Present an acceptable birth date/legal presence document
• Pay the application fee

In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website. For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens."

The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.

Posted by Geri Kahn | Permalink | Email This Post

Posted In: California driver's license/identification card , F-1 , J-1 , M-1 , Social Security

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I recently received a question at my office as to whether non-immigrant students (on F-1 student visas) have to pay Social Security taxes. After a little research, I discovered that they do not have to pay Social Security taxes. I was surprised to learn this because there are other non-immigrants who do. Nevertheless, as long as they are they are working in employment authorized by United States Citizenship Immigration Services ("USCIS"), wages should not be deducted from their pay checks for Social Security. Of course, the IRS points out in its explanation on foreign student liability for Social Security that if they were to engage in self-employment or in unauthorized employment (not pursuant to the terms of their status), they would be liable for Social Security taxes.

The other non-immigrant categories exempt from Social Security taxes include: J-1, M-1, Q-1/Q-2 (scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp and workers).

Posted by Geri Kahn | Permalink | Email This Post

Posted In: F-1 , Immigration Law , J-1 , M-1 , Q-1 , Social Security , Taxes

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