Selective Service Cases

If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System -- the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems it necessary to implement a military draft. Most male U.S. citizens and male immigrant non-citizens between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthday. If you are a male between 18 and 25 years of age, you may register on-line by clicking here. You can check to see if you are properly registered here.

Perhaps surprisingly, many non-citizens are required to register, including illegal aliens, legal permanent residents, and refugees. Non-citizens 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. Generally, if a male non-citizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service. The Selective Service System has published a useful chart detailing who must register.

Fortunately, the U.S. government has not in recent history actively pursued prosecution of individuals who have failed to register with the Selective Service System. However, there are significant other penalties that are imposed upon individuals who were required to register, but fail to do so before their 26th birthday. For example, eligible males who have failed to register may not be able to obtain federal student loans or grants. Failing to register when required to do so also results in a permanent bar for federal employment unless the individual can demonstrate to the Office of Personnel Management, by a preponderance of the evidence, that their failure to register was not "knowing and willful." You have two opportunities to do this -- an "initial determination" (which almost always results in an adverse decision) and an appeal to the Director of the OPM. It is therefore vital to ensure that your case is thoroughly prepared and presented to OPM in the proper form.

We have successfully handled a significant number of cases involving individuals who have not registered with the Selective Service System. Many of our clients are current federal employees whose jobs are in jeopardy due to their Selective Service status. Others are individuals who desire to become employed by the federal government but discovered during the application process that their Selective Service status forecloses their ability to be hired. Many of our clients are immigrants who came to the United States as young adults and their circumstances were such that they simply never learned about the Selective Service registration requirements. Our clients also have included individuals who were born in the United States, but simply never learned about the Selective Service registration requirements. Many of our past and current cases have been the subject of articles in our Selective Service blog.