False claim in N400

[mjkmjk]

Okay... call me stupid and crazy because I am
During college, I realized that I was registered to vote (inactive voter status).
I freaked out and immediately let my county voter registrar know that there seems to have been some mistake and that I want to remove my name from the voter list.
I eventually sent them a hand written letter with my info for removal of my name. This was back in 2014.

5 years later in 2019, I submitted my N400 application and answered "no" to the question "did you ever register to vote?"
Interview date is about to be rescheduled (due to coronavirus) and it JUST hit me that I was registered to vote and had canceled my registration few years ago.

...what to do? Would they believe me if I tell them that I forgot about this upon submitting my application? Should I bring this up during the interview or should I remain silent?
I'm going nuts and need some guidance any feedback would be greatly appreciated!

 

[Fin]

Okay... call me stupid and crazy because I am
During college, I realized that I was registered to vote (inactive voter status).
I freaked out and immediately let my county voter registrar know that there seems to have been some mistake and that I want to remove my name from the voter list.
I eventually sent them a hand written letter with my info for removal of my name. This was back in 2014.

5 years later in 2019, I submitted my N400 application and answered "no" to the question "did you ever register to vote?"
Interview date is about to be rescheduled (due to coronavirus) and it JUST hit me that I was registered to vote and had canceled my registration few years ago.

...what to do? Would they believe me if I tell them that I forgot about this upon submitting my application? Should I bring this up during the interview or should I remain silent?
I'm going nuts and need some guidance any feedback would be greatly appreciated!

My 2 cents.
1. Registering to vote is considered akin to a false claim to US citizenship which has a permanent bar and can result in deportation so at the very least your application will be delayed.
2. In the past, many adjudicators used to just consider this as a moral character issue and the applicant could re-apply after 5 years. If this were the case, you should be good since the 5 year look back period for you is over. But unfortunately I have read many reports that in the last few years they are not giving people the benefit of doubt and putting applicants in removal proceedings for “false claims to USC”. They can prove their claim because you signed the form under perjury. However if you can prove that you were inadvertently registered (eg while issuing drivers license) or registered when you were a minor, that’s a valid defense.
3. Good thing is that you tried to take corrective action which works in your favor. Do you have the letter to prove that your name has been removed? Also get a letter that showed that you have never voted - this is crucial.
4. Saying No on the form isn’t a big deal as you can correct it during the interview. Problem is if you affirm that “no” under oath. Lying under oath is a bad advice and come to bite you. Yes, some people get away with it just like people get away with crimes until caught

5. This is a serious issue, so I suggest you lawyer up.

 

[mjkmjk]

My 2 cents.
1. Registering to vote is considered akin to a false claim to US citizenship which has a permanent bar and can result in deportation so at the very least your application will be delayed.
2. In the past, many adjudicators used to just consider this as a moral character issue and the applicant could re-apply after 5 years. If this were the case, you should be good since the 5 year look back period for you is over. But unfortunately I have read many reports that in the last few years they are not giving people the benefit of doubt and putting applicants in removal proceedings for “false claims to USC”. They can prove their claim because you signed the form under perjury. However if you can prove that you were inadvertently registered (eg while issuing drivers license) or registered when you were a minor, that’s a valid defense.
3. Good thing is that you tried to take corrective action which works in your favor. Do you have the letter to prove that your name has been removed? Also get a letter that showed that you have never voted - this is crucial.
4. Saying No on the form isn’t a big deal as you can correct it during the interview. Problem is if you affirm that “no” under oath. Lying under oath is a bad advice and come to bite you. Yes, some people get away with it just like people get away with crimes until caught

5. This is a serious issue, so I suggest you lawyer up.

Hi Fin, thanks for your response. Yes I'm planning to call board of elections to get a letter which proves my name removal and also a letter that shows the record that I've never voted. So what you're saying is I need to come clean with them during interview...

I never thought of getting help from lawyer, but I guess this is pretty serious issue.
Would it be possible to just withdraw my current application and reapply later?

 

[SusieQQQ]

Hi Fin, thanks for your response. Yes I'm planning to call board of elections to get a letter which proves my name removal and also a letter that shows the record that I've never voted. So what you're saying is I need to come clean with them during interview...

I never thought of getting help from lawyer, but I guess this is pretty serious issue.
Would it be possible to just withdraw my current application and reapply later?

Withdrawing and reapplying doesn’t make the problem go away, it is a “have you ever...” question. I agree with getting a lawyer to help with this.

 

[mjkmjk]

Thanks for your response.
I was looking through some posts of people who had similar issues with me and it seems like "inactive voter status" may indicate that you didn't claim to be USC? Meaning you registered to vote but because you claimed to be a noncitizen you end up having inactive status.

I honestly don't remember how I registered to vote but I wouldn't have made a false claim to be a citizen.
I assume that voter registration must have taken place when I was in college (so many people requiring your signature) and by the time I found out about my inactive status, it wasn't even within 4 year timeframe since my registration. It was more like... tops a little over 3 years. From my understanding, you shouldn't have voted for the previous four years in order to obtain inactive status?

Anyone who knows well about this?

 

[SusieQQQ]

Thanks for your response.
I was looking through some posts of people who had similar issues with me and it seems like "inactive voter status" may indicate that you didn't claim to be USC? Meaning you registered to vote but because you claimed to be a noncitizen you end up having inactive status.

I honestly don't remember how I registered to vote but I wouldn't have made a false claim to be a citizen.
I assume that voter registration must have taken place when I was in college (so many people requiring your signature) and by the time I found out about my inactive status, it wasn't even within 4 year timeframe since my registration. It was more like... tops a little over 3 years. From my understanding, you shouldn't have voted for the previous four years in order to obtain inactive status?

Anyone who knows well about this?

again - please get a lawyer to clarify the actual cases and to make the argument for you.
there’s another thread in this forum from a day or two back by a Somali immigrant who has been here since a child, and has been issued deportation papers for this issue. It’s worth a couple hundred bucks for the lawyer.

 

[mjkmjk]

again - please get a lawyer to clarify the actual cases and to make the argument for you.
there’s another thread in this forum from a day or two back by a Somali immigrant who has been here since a child, and has been issued deportation papers for this issue. It’s worth a couple hundred bucks for the lawyer.

I am in the process of getting a lawyer. Thank you for your concern. In the meantime, I just wanted to know if anyone else knows well about this.

 

[Fin]

Thanks for your response.
I was looking through some posts of people who had similar issues with me and it seems like "inactive voter status" may indicate that you didn't claim to be USC? Meaning you registered to vote but because you claimed to be a noncitizen you end up having inactive status.

I honestly don't remember how I registered to vote but I wouldn't have made a false claim to be a citizen.
I assume that voter registration must have taken place when I was in college (so many people requiring your signature) and by the time I found out about my inactive status, it wasn't even within 4 year timeframe since my registration. It was more like... tops a little over 3 years. From my understanding, you shouldn't have voted for the previous four years in order to obtain inactive status?

Anyone who knows well about this?

Voting/voter registration is under state jurisdiction so there is no absolute as to what “inactive status” means. Hence I advised you to get a letter from your board of elections about your registration status as well as voting record.

You say that you re-call not making a false claim to US citizenship but if you signed the voter form, the form asks you to certify under perjury that you are a USC. One federal case related to denied citizenship I had read was in the state of IL where someone got a DL, presented a green card as a identity document and was asked if they want to register to vote. The lawyer was able to prove with the DL records that the petitioner has no intent of lying since they clearly presented a alien registration card and it was the DMV’s mistake to register them for voting. So again, this becomes a complicated issue where people can be potentially denied but lawyers can successfully make a case before the federal judge. Hence I advised you to lawyer up - this stuff however silly it sounds can end up upending your life if you get sent to removal proceedings. I’m honestly not trying to scare you, just making you aware of the seriousness. Like I said, some people lie, but the lie if caught can have serious consequences and can result in denaturalization as well. If I were you, I think I would like to do things the right way so that I can sleep well. Finally it’s your decision. By the way, I have read about many cases on forums who got sent to removal proceedings for merely checking the US citizen box on the employment form I-9. It’s more common than you think. Just google it.

 

[mjkmjk]

Voting/voter registration is under state jurisdiction so there is no absolute as to what “inactive status” means. Hence I advised you to get a letter from your board of elections about your registration status as well as voting record.

You say that you re-call not making a false claim to US citizenship but if you signed the voter form, the form asks you to certify under perjury that you are a USC. One federal case related to denied citizenship I had read was in the state of IL where someone got a DL, presented a green card as a identity document and was asked if they want to register to vote. The lawyer was able to prove with the DL records that the petitioner has no intent of lying since they clearly presented a alien registration card and it was the DMV’s mistake to register them for voting. So again, this becomes a complicated issue where people can be potentially denied but lawyers can successfully make a case before the federal judge. Hence I advised you to lawyer up - this stuff however silly it sounds can end up upending your life if you get sent to removal proceedings. I’m honestly not trying to scare you, just making you aware of the seriousness. Like I said, some people lie, but the lie if caught can have serious consequences and can result in denaturalization as well. If I were you, I think I would like to do things the right way so that I can sleep well. Finally it’s your decision. By the way, I have read about many cases on forums who got sent to removal proceedings for merely checking the US citizen box on the employment form I-9. It’s more common than you think. Just google it.

Yes I'm in the search of a good lawyer right now. It seems like many lawyers are against the idea of even submitting N400 with history of voter registeration... well, it's already been done and I can't take it back. Thank you for your comment.

 

[Fin]

Yes I'm in the search of a good lawyer right now. It seems like many lawyers are against the idea of even submitting N400 with history of voter registeration... well, it's already been done and I can't take it back. Thank you for your comment.

You can always ask the USCIS to withdraw your application without prejudice. However, like @SusieQQQ pointed out, this would not solve your problem in the future. At some point, you may need to file for a I-90 to renew your GC, not sure if that form has the question related to false claim to USC, but they keep changing the forms all the time. Please follow your lawyer's advice once you get one. Good luck

 

[Amberleaf]

As please continue to post updates as you discuss with your lawyer.
So others can learn from your experience and get a feel of how this issue is handled by USCIS in 2020.

 

[Mikee45]

I can't offer any advice but this situation underscores how easy it is to make a very unfortunate mistake that can have dire consequences. When you go to a govt building like SS, DMV, Tax Assessor, etc there are sometimes people outside soliciting you to register to vote or sign some petition. You can get duped into thinking it's your civic duty even though you are not eligible. It is very important to read exactly what you are signing very carefully and be aware of the consequences.