Unknowingly registered to vote, but never voted, N400 interview coming soon

[Bobsmyth]

Send in the voter registration cancellation and proof you never voted. If they wanted to deny you for lying on application they would have done so already instead of requesting additional information from you.

 

[faysal]

Here is my story; I had an interview on May 6th, 2010. I appeared for an interview and everything went smooth, at the time of interview I was explained there will be two parts of interview; the first part was of American civic, History, and English test which was done in 5 minutes.
Second phase was going through Form verifying information and presenting any original documents as asked. In the end I was told that on file they have a proof that the voter registration was cancelled from county office clerk and on the form I mentioned I never registered to vote. Which I explained in my honest word that "after when I got married back in 2003 I went for address change and I was accidently put on voter registration list which I may have signed the form but was never explained well enough what it was about". The IO than said I am going to take sworn statement asking some questions and will document this for reference. I nodded in affirmation and gave my consent as I thought this is not a big deal. I was than asked if I have ever voted in any election. I replied NO. After sworn statement I was told that the decision is not going to be made today as they need further information from Board of Election office if the statement I provided was correct. I asked what the time frame is. The answer was in mixed tone of flat rudeness that "you will receive a letter and follow the directions" I than asked if you have seen the similar situation. The IO than said YES and person voted, IO mentioned people get deported.
I explained to IO that this not part of my fault and I have already rectified it by going to DMV office which they directed me to county clerk office and I have been taken off from the list in 2004. Also I have never voted in any election. IO didn’t gave me any assurance as to my case will be approved but mentioned since my 3 kids and wife is U.S Citizen and this is 7 years old, chances are rare that case will be denied but this is beyond IO level and has to go to level above.
May 10, 2010, I am at work and received a call from wife that letter has arrived and as mentioned I am being directed to follow the procedure and contact board of election for a written copy of if I have ever voted in any election. My wife called the board of election and was confirmed immediately that a relevant person never voted but should arrive in person to get a certified copy of letter. Also board of election confirmed that they have a copy of that I voter registration was cancelled in 2004 and signed copy of application.

Now this is so dubious that IO will deny my case based on the fact that I lied on the application (since its up to their discretion) besides I also think as I explained in my sworn statement that I was never well explained and it was DMV mistake and I never willingly declare myself to be a U.S Citizen anywhere and that I have never voted in any election (in my whole life) my case might get approved.

I don’t know what do to do? Should I contact a lawyer, I was reading on forum that a person did voted and was approved.

Seriously, this is such a flaw, you can’t get a departmental credit card approved but anybody can walk in the DMV and claim to be U.S Citizen.

Feice:

Sorry to hear that...

From my personal experience, ignorance of something is not good excuse with any US government. Your level
of English command makes it even harder for someone to believe that you signed a form without uderstanding
its content and ramification....having said that...
You have to issues going on at the same time...First, you registered to vote, and cancelled. If you had declared
this in your Form N-400 by answering yes to the question have you ever registered to vote, and provided
documentation that would have been one thing....

In my understanding, you registered to vote and cancelled, and on the N-400 you answered the question have
you ever registered to vote (no). The USCIS did some basic research and found out your registeration and
cancellation. At the end of the interview, the IO officer brought it up without you prompting.
Now I am not concerned about the registration and cancellation, my concern is your NO answer on the N-400
to the question have you ever registered to vote...Some members on this forum were trivilizing this issue and
were claiming that if you registered, not voted and cancelled, not a big deal.
In each case, now you are at the mercy of the USCIS. If they are nice, they can approve your case. If they
want to deny your case they have the amunition to do so....
Hopefully you will be approved...
Wish you good luck

 

[itsmeyar]

fieca,
Did you did you send a copy of the voter registration cancellation along with the application and at the same time you answered No in the question Have you ever registered to vote? Do they come to know about your registration by themselves?

 

[fieca]

itsmeyar - Good question! I submitted the original voter registration cancellation at the time of LPR interview back in 2006. Now some people think they are smart or idiot for sharing information overloaded. In my case I call myself "Idiot". IO at the time of Green Card interview never asked didn't know and had no idea about the whole drama. During the interview when we were about to close the conversation and he was going to congratulate me becoming lawful permanent resident; out of my holiness honesty or complete idiocy, I pulled the voter cancellation and presented to him like a victorious knight. I told him, I was honest as I am taking an oath and sworn upon that I will provide truthful information (even though he didn't ask for it). My doubt is if I hadn't disclosed that information it wouldn't come up like this today. I well deserve this situation. Yes I am a complete idiot.

Now, I have taken off from work tomorrow and going to board of election downtown to get a copy of statement that I have never voted. I will also go to DMV office and try convincing them if they can provide some statement that it wasn't my fault. Although I highly doubt they will do that.

Lesson learned, Never show too eagerness when dealing with feds. I still remember a sharp smile on IO face couple of years back, as if he was saying "what an idiot".

My question to Pros : Do you think I should make a case to citizenship IO or may be a "letter of explanation" as I am thinking about it and just need suggestion. Just to change her view on my case before she even go think about making any adverse action.

 

[itsmeyar]

itsmeyar - Good question! I submitted the original voter registration cancellation at the time of LPR interview back in 2006. Now some people think they are smart or idiot for sharing information overloaded. In my case I call myself "Idiot". IO at the time of Green Card interview never asked didn't know and had no idea about the whole drama. During the interview when we were about to close the conversation and he was going to congratulate me becoming lawful permanent resident; out of my holiness honesty or complete idiocy, I pulled the voter cancellation and presented to him like a victorious knight. I told him, I was honest as I am taking an oath and sworn upon that I will provide truthful information (even though he didn't ask for it). My doubt is if I hadn't disclosed that information it wouldn't come up like this today. I well deserve this situation. Yes I am a complete idiot.

Now, I have taken off from work tomorrow and going to board of election downtown to get a copy of statement that I have never voted. I will also go to DMV office and try convincing them if they can provide some statement that it wasn't my fault. Although I highly doubt they will do that.

Lesson learned, Never show too eagerness when dealing with feds. I still remember a sharp smile on IO face couple of years back, as if he was saying "what an idiot".

My question to Pros : Do you think I should make a case to citizenship IO or may be a "letter of explanation" as I am thinking about it and just need suggestion. Just to change her view on my case before she even go think about making any adverse action.

fieca, Were you able to get any kind of proof from the DMV? Did you send the documents to the IO? Please post your update.

 

[fieca]

fieca, Were you able to get any kind of proof from the DMV? Did you send the documents to the IO? Please post your update.

I submitted following documents on May 12th thru priority mail to USCIS office.

1. Certified copy of Voting History from county clerk office showing 'zero" counts for voting.
2. Certified copy of Voter's registration status 'Cancelled'
3. Copy of voter's registration application dated 2003.
4. Reciept of payments showing my visit to board of election.
5. Breif letter of explanation. (I will tell later what I wrote in letter if I get approval).

The mail was delivered next day and I am still waiting for a final response from them. I am checking my online status every 5 minutes. The wait is just killing me. I am still hopeful and have strong feeling that 95% chances I will get approval as I still bellieve I have not done anything wrong.

* 5% chances of decline I give it to my ethnicity because the interview enviornment was not friendly at all. I will keep you posted.

 

[fieca]

* 5% chances of decline I give it to my ethnicity because the interview enviornment was not friendly at all. I will keep you posted.

I take my 5% back after reading the one of thread in same forum...I think I am fine as I did remember IO mentioned you should be fine as the voter's registration took place in 2003. My filing status is based on 3 years statutory period I became permanent resident in Dec 2006, and that took place in 2003. I am even out of 5 years Statutory period for good moral character.

Now, time is of only essence. I have lot of patience now..I am at peace Unless they come up with some other reason..This forum is great for ignorant people like me and all of you contributing to this forum are great people .Love you all.

 

[jmessa]

fieca -
Hopefully it will all be fine for you. ( and I think it will, based upon the information you gave).
Just curious, what did you fill in for the Claimed to be US Citizen question on N400?

Thanks!

 

[itsmeyar]

I submitted following documents on May 12th thru priority mail to USCIS office.

1. Certified copy of Voting History from county clerk office showing 'zero" counts for voting.
2. Certified copy of Voter's registration status 'Cancelled'
3. Copy of voter's registration application dated 2003.
4. Reciept of payments showing my visit to board of election.
5. Breif letter of explanation. (I will tell later what I wrote in letter if I get approval).

The mail was delivered next day and I am still waiting for a final response from them. I am checking my online status every 5 minutes. The wait is just killing me. I am still hopeful and have strong feeling that 95% chances I will get approval as I still bellieve I have not done anything wrong.

* 5% chances of decline I give it to my ethnicity because the interview enviornment was not friendly at all. I will keep you posted.

Fieca,
Where did you get the copy of your application dated 2003? Is it from the DMV or the county clerks office. My county clerks office is telling that they only have electronic copy.

 

[fieca]

Fieca,
Where did you get the copy of your application dated 2003? Is it from the DMV or the county clerks office. My county clerks office is telling that they only have electronic copy.

All aforementioned documents including copy of application was provided by County clerk office I had to go there in person to obtain the certified copy as they only issue after verifying your ID.

 

[itsmeyar]

Thanks faysal! I did see that one... I thought you were referring to a different one from some time ago.

By the way, based on the description the OP provided in the thread you referred to, it seems like the IO simply did not like the documentation provided and would have perhaps approved the case if documentation had been "up to his standards." I think that ccczzzzz has pretty good chances on the appeal.

I have letters on letterhead from the city clerk and the state voter registrar, as well as copies and printouts of some of their internal documents verifying my claim of erroneous voter registration. Hopefully this will be enough for the IO at the Fairfax, VA DO... I did disclose this on my N-400 and provided copies of the documentation I have with my application.

If anyone has any firsthand accounts of this type of situation or any thoughts/suggestions for additional things to do to help ensure a successful interview, they would be greatly appreciated!

Goldin03,
How was your interview on the 26th?

 

[goldin03]

Goldin03,
How was your interview on the 26th?

Thanks for asking, itsmeyar! I got recommended for approval by the IO on Wednesday! The funny thing was, he asked me if I had ever voted and then skipped the rest of that set of questions, although I saw him looking at the copies of my letters that I submitted regarding voter registration. So, I never even had to explain about voter registration... which was fine by me! The officer simply checked off all those questions with his red pen. He didn't seem too interested in finding anything troubling in my file.

By the way, when I said I disclosed this on my N-400 application, I actually put "No" in answer to the question on the form itself. However, I described this in my cover letter and provided a detailed explanation and copies of letters from my previous state, as well as a Virginia letter saying I am not currently registered to vote. This was based on advice I received from an immigration attorney. Now, if they ever want to bring this up and say I did not disclose this, I know that they have my letters that I sent in my A-file. This should "idiot-proof" my application from any challenge by USCIS in trying to denaturalize me later.

Anyway, I am rambling... If you want to read the full account of my interview, you can see it here. Good luck with your interview! (Do you have the IL yet, by the way?)

 

[itsmeyar]

My interview finished yesterday, and I got approved, thanks to all of you for providing such a great help. Looks like I wasn't even registered at the first place since I got the rejection letter. I mentioned it to the IO. IO said it should be fine since I never voted in any elections.

 

[sanjoseaug20]

Great. Congrats!!

 

[goldin03]

Congrats, itsmeyar!!!

 

[Jackolantern]

My interview finished yesterday, and I got approved, thanks to all of you for providing such a great help. Looks like I wasn't even registered at the first place since I got the rejection letter. I mentioned it to the IO. IO said it should be fine since I never voted in any elections.

That's great! Do you have an oath date yet, or do you have to wait for it in the mail?

 

[baikal3]

I submitted following documents on May 12th thru priority mail to USCIS office.

3. Copy of voter's registration application dated 2003.

In that voter registration application from 2003, did you answer "Yes" to the question about being a U.S. citizen?

 

[Aniket19]

Congrats.

 

[fieca]

Congrats! itsmeyar

my case is still pending awaiting final decision... I have a travel plan by the end of this month to attend wedding out of U.S, I have purchased family tickets and I am getting worried whether should I travel on my old native country passport or completely rule out the decision to leave U.S until final decision is made.

Question: If I travel and the decision is made and goes against, will this be inadmissable to U.S.?

 

[fieca]

In that voter registration application from 2003, did you answer "Yes" to the question about being a U.S. citizen?

No, there was as such no question to be answered to claim yourself as U.S. CItizen. Th form did not define 'oneself' to claim a U.S. Citizen expect for signing in the bottom. And in small fine print a bullet point said "I claim to be U.S. Citizen".

I hope I clear your question.