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I need help in writing a complaint about Selective Service.

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I need help in writing a complaint to a congressman about the Selective Service. I would like to challenge the Selective Service determination that I was required to register with the service, but failed to do so. This determination is causing me problems with the financial aid for graduate schools. If any attorney can point out any arguments, laws, or legal cases that I can use for a complaint to a congressman and have a chance in convincing a congressman to start a congressional inquiry on my behalf, I would greatly appreciate this. Please do not pick up my question, if you can’t give me any positive ideas for my complaint. I entered the USA on a B-2 prospective student visa, and then applied for a political asylum at the age of 22. I was enrolled in a college for a BA degree, but graduated before reaching the age of 25. My application for an asylum was pending for several years, and I withdrew my political asylum application when I married a US citizen. I was granted permanent resident at the age of 35 and later became a US citizen. I’m trying to enroll in graduate schools now, and the schools’ financial aid offices request a status letter from the Selective Services in order to consider me for a financial aid. I explained my situation to the Selective Service, and the agency provided me with a letter stating that I had to register with the Selective Services, but failed to do so, although I was not a permanent resident by the age of 25 and was never notified in any way of the registration requirement. The schools don’t want to take my individual circumstances into considerations, but want a letter that I was exempt from the selective services in order to consider me for a financial aid. I read some of the Selective Services Act and some of the related legal cases, but can’t find any basis that would allow me to dispute the Selective Service Determination that I was required to register with the service, although the entire Selective Services act seems to be absurd in terms of requiring non-residents to register for the draft without even providing any notice of this requirement. The cut off age is 25 years old, and one can’t register or remedy the situation after the age of 25. The agency is saying that I was required to register even if I was not a permanent resident, and even if I was not aware of the registration requirement. The law seems to be fundamentally unfair and unconstitutional in terms of the due process because it punishes people and deprives them of education without even providing any notice of the registration requirement. However, from what I’m reading on the Internet, the judicial review of this law and constitutional challenges are very limited because of the president/congress constitutional powers to conduct wars and raise armies. I still would like to write a complaint to a congressman and see if a congressman can start a congressional inquiry and ask the Selective Service to change my status to enable me to apply for a financial aid. If any attorney can point out any arguments, laws, or legal cases that I can use for a complaint to a congressman and have a chance in convincing a congressman to start a congressional inquiry on my behalf, I would greatly appreciate this. Please do not pick up my question, if you can’t give me any positive ideas for my complaint.

Submitted: 11 months ago.
Category: Legal
Expert:  Michelle-Mod replied 11 months ago.
Hello,

I'm Michelle and I'm a moderator for this topic.

We have been working with our professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still needing assistance from one of our professionals?

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Pet to Legal.

Thank you,

Michelle~Moderator
Customer: replied 11 months ago.

Hello, could you please move my question to a different subsection - legal\education (right now it's under legal\military law)? Maybe educational attorneys could answer my question. Thank you.

Expert:  Michelle-Mod replied 11 months ago.
Hello,

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,

Michelle-Moderator
Expert:  Wendy-Mod replied 11 months ago.
Hello again,

We are still working with our Legal professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
Customer: replied 11 months ago.


Yes, I would like to wait. I also increased the price to $56. Thank you.

Expert:  LawHelpNow replied 11 months ago.
Hello,

I read your post, do have experience in this area of the law, and would be glad to try and help out. Could you please just clarify one point for me. How old are you now? Once you have a chance to write back, I will be back in touch with you. It may be later this evening or even tomorrow depending upon how late you reply. Please rest assured, however, that I will be sure to check back for any updated word from you.

Thanks!

Ben, J.D.
Customer: replied 11 months ago.

Hello, I'm 43 years old. Thank you.

Expert:  LawHelpNow replied 11 months ago.

Hello again,

My name isXXXXX'm a licensed attorney and am very happy to try and answer your question today. I am genuinely sorry for your circumstances and hope things soon look much brighter for you. I like your mention of seeking positive ideas. Yes, you are facing an uphill battle, but you already know that much, so as you say, let us focus on a solution rather than the problem.

So, here we go. In essence, the law provides for two circumstances whereby one in your shoes was excused from registering. The first instances would be to show you were not required to register (i.e. hospitalized, incarcerated, institutionalized, etc.). Initially, your student visa would have afforded you an exemption. However, staying on during the pendency of your political asylum application crossed that line. Accordingly, this will not be our focus in your case.

The second situation would be where one can show that the failure to register was not knowing and willful. That is the good news, here. Thus, this is where we will focus for your letter. You raise some excellent Constitutional points. The botXXXXX XXXXXne, however, is that they are not the most compelling arguments in such cases. Instead, you will be raising some different Constitutional arguments focusing on equitable grounds. I would encourage you to take a two-pronged approach. First, ideally you would try to convince Selective Service to change your registration status and thus restore your eligibility. Secondly, you would still present your case to the Congressman as you mentioned. You would include your reasoning (which I shall discuss below) in both your letter to the Congressman and in the last fillable paragraph of section two of the following document you will submit to the Selective Service directly:

Request for Status Information Letter

Here is your burden of proof. You will be required to demonstrate by a preponderance of the evidence (50% or greater likelihood) that your failure to register was not "willful and knowing". Those are two very important and powerful words packed with meaning. They describe conduct that was not merely an oversight, or negligence, or inadvertence. Rather, it would mean that back those years when you were in your early to mid 20s, you knew about the law and simply made a conscious decision to flaunt it and ignore the registration requirement. Obviously, that was not the case based upon what you have described here. Also, you have an argument in that it would be "manifestly unjust" and "unfairly harsh and punitive". All of these words in quotes are ones you should use in your statement.

Now, in terms of precise words and approach, stick with short and sweet, simple over flowery, and stick with the facts of your own experience. In other words, describe (speaking from the heart) how you were a hopeful yet frightened young immigrant seeking political asylum. You were entirely unaware of the registration requirement, quite naive concerning every aspect of our law, and suffered from a language barrier (if true) severely impacting your understanding of our law. Also describe how now, some two decades down the road, you simply want to further your education so you can give back to this country. You do not seek charity, but rather ask for a loan which you will pay back, with interest. Allowing this failure to register to haunt you all of these years later is "fundamentally unfair", "works an affront to fundamental notions of justice", and "amounts to an untenable restraint upon [your] right to the quiet pursuit of happiness".

The decision of the financial aid administrator is key here, so include any and all supporting documentation (i.e. immigration documents are especially relevant here) and/or explanation you can to substantiate your claim concerning seeking political asylum. Paint a picture of a scared, young, intimidated, naive immigrant landing on the shores of an imposing foreign land. The last thing on your mind was Selective Service registration. You left a hostile land, fearing for your very life. Those are certainly "extenuating circumstances" which only you can best relate as you lived through those years.

In all candor, many folks are simply out of luck in such matters. That isnot the case with you, however, especially given your political asylum seeking status. In other words, you do have reasonable grounds to hope for a successful outcome. Write from your gut, stick to the verifiable facts, and just be "you". I must say that you are quite well spoken and did a great job with your post here. Honestly, I have every confidence that you will express yourself quite nicely and in compelling fashion.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me. I will be sure to check back for any further word from you when I am again working online in this forum.


I truly hope all works out for you and that the information I have provided proves useful. Thanks so much for using this service!

Take care,

Ben, J.D.

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