<p>Hello everyone. I'm making this thread in hopes that the largest resource of college info I've known to date can help me out on this one. I'm stumped.</p>
<p>A very good friend of mine (older than me) failed to register with Selective Service before turning 26. His last chance would've been in 2001. He immigrated here illegally in '95, but became a permanent resident in 2006. He has since decided to attend his local community college, only to find out he cannot receive financial aid.</p>
<p>From what I've read so far, the Selective Service requirement seems bulletproof. However, it seems to me that he could/should be exempt from this section:</p>
<p>"As one of the elements of the offense, the government must prove that a violation of the Military Selective Service Act was knowing and willful. This is almost impossible unless the prospective defendant has publicly stated that he knew he was required to register or report for induction, or unless he has been visited by the FBI, personally served with notice to register or report for induction, and given another chance to comply."</p>
<p>So he can vouch for himself in saying that his offense was neither knowing nor willful. However, how can he go about proving this? He'd never heard of SS until he tried to apply for aid. He explained this in a letter to his FAO, but he was told that it wasn't sufficient grounds for non-registration.</p>
<p>Any help, especially by any Financial Aid Advisors, would be greatly appreciated. Feel free to PM me, as I'd rather not divulge too much information online, even if it is not my own.</p>
<p>He can appeal this. The determination will be made by the financial aid administrators, not the selective service folks, however. Google the subject and there will sites that tell you step by step what he should do. Good luck to him.</p>
<p>Thanks for your reply. However, as I already mentioned, it was in fact his FAO which denied his claim, not SS. Apparently, not being aware of the requirement wasn’t enough for them (or they didn’t believe him). My question is, how can he prove that he was unaware of this requirement?</p>
<p>P.S.: I’ve already read the link, but is fairly weak, IMO, on how to actually prove it. But thanks nonetheless.</p>
<p>Not being aware of a law doesn’t mean it does not apply. But in this case there may be an out. You state his last chance to register was 2001 but he didn’t become a citizen until 2006.
He needs to contact SS for a status information letter.</p>
<p>Yes, it would be his FAO that would deny his claim, and it is to his FAO that he has to make his appeal, not SS. The directions in that blurb are rather clear as to what he has to do and address in his appeal. I suggest he hire an attorney that is familiar with this sort of thing to help him write his appeal.</p>
<p>Cpt, you’re right that he would not appeal to SS and the FAO would decide the claim. But I think if the FAO had a status information letter from SS it would be considered.</p>
<p>“That’s strange since only a citizen would have to register for the selective service.”</p>
<p>Permanent Residents are also obligated to register for the selective service. Unfortunately, this is not a piece of information that is routinely handed out when people receive that status. He needs to sit down with his records and figure out whether he was of an age that was obligated to register or not when he became a Permanent Resident. In Happydad’s case, he made the cut by less than a year. Whew!</p>
<p>If he didn’t become a permanent resident until 4 years after the cutoff date for registration, it appears he would be exempt. Did he produce documents such as a birth certificate and his registration paperwork to the FAO? I would bump this higher up the food chain at the school while also getting a status determination letter from SS. It makes little sense to deny him federal aid for not fulfilling a requirement he wasn’t obligated to meet. But would going through all of this make a big difference for him? Presumably he’s been working and has income/assets which may very well mean he’d only be entitled to federal loans anyway!</p>
<p>He needs to clear this up anyways since he won’t be eligible for a number of things such as federal jobs, other federal funding. New York state won’t give you a driver’s license Other states have measures too. Also the Staffords are not something to put one’s nose up to. </p>
<p>It appears that he should have signed up for SS and didn’t. Either didn’t know about it or didn’t bother. He needs to put together a strong appeals package and a lawyer experienced in it is probably the best way to go since he would know the magic words and phrases they want to hear. Sort of like appealing a disability claim. You’re better off getting someone familiar with how to file the danged thing.</p>
<p>NON-CITIZENS
Some non-citizens are required to register. Others are not. Noncitizens who are not required to register with Selective Service include men who are in the U.S. on student or visitor visas, and men who are part of a diplomatic or trade mission and their families. Almost all other male noncitizens are required to register, including illegal aliens, legal permanent residents, and refugees. The general rule is that if a male noncitizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service.</p>
<p>It appears the OP’s friend should have registered but did not do so. The financial aid regulations are clear on this, and the school is required to deny aid. For assistance with appealing the decision, your friend may want to read this link: [FinAid</a> | Student’s Guide to FinAid | Selective Service Registration](<a href=“Your Guide for College Financial Aid - Finaid”>Selective Service Registration - Finaid).</p>