Accidental Voting by Legal Permanent Resident

Starryne

Registered Users (C)
What is happening is breaking my heart...My mother, who has been a US Citizen for the past forty years, sponsored her sister twenty-five years ago. After fifteen years of waiting, her sister (my aunt) arrived in the US.

My aunt spoke very little English (and I should mention is of below-average intelligence) and one day, in the library, a voting advocate approached her and asked her if she would like to vote. My aunt didn't understand but told her that she was a green-card-holder, not a citizen. The woman informed her that it was no problem and proceeded to fill out the voter registration card for her. She checked off that she was a U.S. citizen. She had my aunt sign it and she mailed it out for her.

Additionally, this woman informed my aunt that if she was looking for a job, she could find good work as a poll worker, guarding the door/helping put up signs, etc. My aunt agreed and this woman somehow got her involved with working at the polls.

When she worked at the polls, some of the poll workers would encourage her to vote. One worker even said to her, "You should just do it to test out the machines."

Subsquently, my aunt applied for citizenship. When asked if she had ever voted, she replied, "Yes." Her citizenship was denied. We didn't get the letter in time to file for an appeal but the letter basically states that she was found to claiming to be a U.S. citizen, that she voted illegally and that she is not morally sound enough to become a citizen. She can reapply if she becomes eligible under provisions made to the Law.

Her letter of denial was issued a little over a month ago. We have not received a Notice to Appear as of yet. My questions are:

a) How long does it take for a NTA to come? If it didn't accompany the denial letter, does this mean that it might not come at all?

b) Her green card expires next year. Will applying for a green card renewal trigger removal proceedings?

c) Relief from renewal is offered to legal permanent residents only if they have resided here for five years legally (she has), have been physically present in the USA for seven years (she has but she voted within two years of first arriving so the "stop-time" condition might have come into play) and have not been convicted of an aggravated felony (not sure if unlawful voting is an aggravated felony).

We are beside ourselves on what to do. We have no family left in her country. She has a husband and 13 year old son who are going through the citizenship process now.

Our family will be broken as a result of this. What to do?
 
She needs to contact the voter registration office and request for them to remove her and also send her a copy of her registration card with her signature to determine what exactly it states.
As to when and if they will send NTA, that's difficult to say so in the mean time she needs to gather all the facts and show that registering and voting was not done knowingly.
Contact an experienced immigration attorney specializing in such matters to determine the best way to go about defending her case.
 
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Thanks. We already have a copy of the voter registration card. It's in someone else's handwriting.

Do notices to appear sometimes not come at all? I guess I am holding out for some glimmer of hope that she'll be able to at least keep her permanent residency.

We do have lawyers and we have paid out thousands upon thousands of dollars to them already. So far, nothing substantial has happened...
 
Thanks. We already have a copy of the voter registration card. It's in someone else's handwriting.

Do notices to appear sometimes not come at all? I guess I am holding out for some glimmer of hope that she'll be able to at least keep her permanent residency.

We do have lawyers and we have paid out thousands upon thousands of dollars to them already. So far, nothing substantial has happened...

While voting in a federal election by a non-citizen is a deportable offense, the USCIS has discretion in deciding whether to initiate removal proceedings. Did the denial letter say that they intend to initiate removal proceedings?
A Notice to Appear will only be sent if USCIS decides to start the deportation proceedings against your mother. If they don't do that, your mother will be able to keep her green card and even apply for naturalization later.
Apart from what Bobsmyth said, you should make sure that your mother cancels her voter registration if that has not been done already.
 
It's really bizarre:

So the letter did not say that they intend to deport her. It just says that she claimed to be a US citizen and that she voted so she is, therefore, ineligible for citizenship.

Does an N400 denial with a moral turptitude charge mean that a NTA will be arriving after?

Also, it took the INS three years to make a decision on her. She applied, an ICE agent visited our house and talked to me, our lawyers sent out an affadavit, etc. and, after three years of waiting, she got a denial of citizenship.

I am terrified that we will be getting an NTA. Does anyone have any experience with the NTAs--how does it all usually happen?
 
She definitely canceled her voter registration. She never wants to go near a voting booth again...It's been a harrowing experience for our family and we don't know what to expect next...
 
She definitely canceled her voter registration. She never wants to go near a voting booth again...It's been a harrowing experience for our family and we don't know what to expect next...

Each case is different.. There are different factors, even if all factorsd are idential, USCIS may still make a different decision,
But read the attached link anyway. maslouj registered to vote and actually vote.
Many said he woudl be deported but he was natualized.

http://forums.immigration.com/showt...uralization-Can-Cause-you-Problems&highlight=


http://forums.immigration.com/showt...-N400-interview-coming-soon&highlight=maslouj
 
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That's incorrect. Many said that he could be deported. No one said that he would be.

no real difference. Manu simply suggest he quit application to avoid it. the people who suggest such apparemt think
he would be deported
 
no real difference. Manu simply suggest he quit application to avoid it. the people who suggest such apparemt think
he would be deported
Could implies a possibility, whereas would is definite. People say could as a warning of the serious potential impact.
 
Does an N400 denial with a moral turptitude charge mean that a NTA will be arriving after?
Not necessarily. If you are lucky, nothing will happen. As I said above, USCIS has considerable discretion in deciding whether or not to initiate the removal proceedings. There is no way to know if this will happen in your mother's case. You just have to wait, hope for the best and, in the meantime, prepare for the worst.
Like Bobsmyth wrote, if you have not done so already, you need to contact an experienced immigration lawyer now and start preparing documents trying to prove that your mother did not have the intent to violate the law.
 
Could implies a possibility, whereas would is definite. People say could as a warning of the serious potential impact.

Definite is just a special case of possibility (100%). Practically, if possibility is high
enough, that should be treated as definite. In maslouj's case, many just thought
he would be taken into deportation proceedings.
 
Starryne: Here is an interesting INS memo from 2002 on how to handle naturalization applications by applicants who misrepresented themselves as U.S. citizens and/or voted:
http://www.ansarilawfirm.com/docs/I...y-Represented-Themselves-as-U.S.-Citizens.pdf

The memo says that if the IO decides to initiate the removal proceedings, the IO should continue the N-400 consideration pending the outcome of the removal proceedings rather than to just deny the N-400.
If the memo is still in force, the fact that your mother actually received a denial notice for her N-400 looks like good news in relation to NTA, since it appears to indicate that USCIS decided not to initiate the removal proceedings.
 
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Being deported and being taken into deportation proceedings is not the same thing. Which one is it?

It does not make differences at this stage of application. So pardon my inaccuracy but plkease understand what I really meant.
 
Baikal3, thank you so much for your reply. I actually found the same document and thought the flow-chart at the end was pretty hope-inducing.

I guess we'll have to cross our fingers and wait at this point. We don't care if she can't become a citizen as long as she can stay with us in the USA. Her home country is in shambles, we have no family there whatsoever and she has cognitive issues. It would be a disaster if she had to be removed...

I wanted to thank all of you for providing advice and words of hope. It's amazing to me how much strangers will take the time to respond and try to help.

If anyone comes up with any new bits of info or is in a similar situation, please respond. I can use any information I can get!

Additionally, I was able to locate a similar case with a young lady who registered and voted once. She was married to a U.S. Citizen. In the end, she was granted citizenship. Her situation was a little different, however. My aunt voted more than once, unfortunately. I think the multiple times really makes things worse.

One question I had was: Does anyone know about relief available to legal permanent residents? What about the stop time rule? For example, she has been here legally for 10 years. However, her first voting act took place after two years of her arriving. Does this mean that her "7-year continuous physical presence" requirement gets discounted? I'm so confused about that rule and if that means that she is precluded from relief...
 
One question I had was: Does anyone know about relief available to legal permanent residents? What about the stop time rule? For example, she has been here legally for 10 years. However, her first voting act took place after two years of her arriving. Does this mean that her "7-year continuous physical presence" requirement gets discounted? I'm so confused about that rule and if that means that she is precluded from relief...
I don't really know much about the removal process. You might ask in another forum, ''Forum: Exclusion or Removal from USA", http://forums.immigration.com/forumdisplay.php?183-Exclusion-or-Removal-from-USA
 
OK, here are my very non-expert 2c on the 7 year stop time rule. The rule is explained here: http://www.nlada.org/DMS/Documents/1189086306.44/Grounds of Relief from Removal.pdf
It looks quite complicated, but the key point seems to be that in order for an offense to trigger the stop time rule, the offense must be listed in INA Section 212(a)(2).
The text INA Section 212(a) is available here: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
Section 212(a)(2) list a bunch serious crimes, but illegal voting is not listed there. Instead, illegal voting is listed in INA Section 212(a)(10)
So it sounds like your aunt would be eligible for cancellation of removal, if the removal process is initiated. Of course, you really need to double-check this with an immigration lawyer.
 
Thank you for the help. I have been unable to sleep for the past three years because of this case--any little bit of advice helps/counts.

Thank you again!

I also got a lot of help/advice from this Professor: Ron Hayduk. He teaches on the topic of voting and was a great resource. I am posting this in case anyone else needs the information.
 
Yikes, actually, her voting might be considered part of the moral turptitude part...I think that's listed under 212 (a) (2)

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
 
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