Incorrect Answer Given at Naturalization Interview......what next?

A

Abbitu

Registered Users (C)
I am in need of some expert advice....here's a summary of my situation.....(please dont skip the questions below..thanks)

I applied for my naturalization in Jan 2011, had my interview (May 17) and passed my test. While the officer was going through the questions on my N-400 application she asked if "I had ever registered to vote” and I said no.

Here is the story, I completely forgot (I know this may sound like a lie) that I registered in Feb 2008 when I went to my local DMV; I was also in grad sch, stressed and all. I got the voters card but I can’t even find it and I never voted (I never knew I wasn't allowed to register, but I never voted). Now, I forgot about this fact when I completed my N-400 and only remembered when the officer asked the question - I went like this.... "I think I registered and she said you registered? I said, I did something at the DMV sometime ago (it all started coming back to me as if a bulb was switched on) at this stage she had a weird look on her face and I quickly said hmmm, maybe not and she checked the boxed (I had ‘No’ checked anyway).

I also applied for a name change and was told I will hear back from them when a decision is made.

I contacted local office of voter registration and had them remove me from the county list with a letter stating I never voted. I contacted two lawyers, one asked me to wait until I hear back from USCIS but it could have consequences in future if they happen to find out. After reading all the stories from different forums I decided to be accountable for my error. I went to another lawyer, explained the issue and decided I wanted to let them know. He had me write the letter and assisted in editing. I mailed my letter and the letter from the office of voter registration to USCIS last week and have been waiting for a mail since then. I am saddened by the incident but only have myself to blame.

Question – (1) What is the likelihood that this will be in my favor? It’s my desire to apply for a govt job. (2) I am getting married next yr and it was my intention to have my husband join me here....can this be done if I remain as a permanent resident? Am torn by everything but need a plan B. Thank y'all
 
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If a lawyer asked you to "wait to hear back from INS" then run away from that lawyer because INS ceased to exist on March 1, 2003.

and please file a complaint on form EOIR-44 (google for it)

Have the competent lawyer look up the The National Voter Registration Act of 1993 (NVRA) and explain to you and USCIS how it was implemented and run at that time and in the state where you accidentally registered. See: http://www.justice.gov/crt/about/vot/nvra/nvra_faq.php
 
Thanks Incognegro and BigJoe5 - thanks for this piece of information. The use of "INS" was actually my error (corrected already). Do you have any ideas to the questions I posted on the last paragraph?
 
Abbitu said:
Thanks Incognegro and BigJoe5 - thanks for this piece of information. The use of "INS" was actually my error (corrected already). Do you have any ideas to the questions I posted on the last paragraph?
Click to expand...

At the end of the interview you should have gotten a form with the interview results. Which box was checked there, "Congratulations, your case is being recommended for approval" or "A decision cannot yet be made"?

Regarding your N-400, it seems to me that it is rather likely to be denied. Registering to vote almost always involves a (false) claim to U.S. citizenship (on the DMV card there must have been a box, or at least small print before your signature where you certified that you were a U.S. citizen). Falsely claiming U.S. citizenship while registering to vote is a deportable offense, see http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html
While not many people actually get deported for that, and the IO has fairly wide discretion in such cases, in your case you compounded the problem by giving false info at the interview itself. It is hard for me to see how the IO could approve your case under such circumstances, even though you owned up to the problem later. By the way, when you sent a letter to USCIS you needed to include letters from the voter registration office certifying two separate things: that you never voted AND that your voter registration has been cancelled. Also, if you can, try to get a copy of your original voter registration card (the voter registration office should have it) and see what exactly it said about your U.S. citizenship there.

If your N-400 gets denied but they do not initiate deportation proceedings against you, you'd still be able to sponsor a spouse for a GC. However, in that case your (future) husband would have to be considered under the 2A Family Preference category. There is currently about a 3 years wait for the priority date to become current in that category, see the July 2011 Visa Bulletin:
http://www.travel.state.gov/visa/bulletin/bulletin_5489.html
 
Update ------> Please I need your help!

So I finally received a letter from USCIS requesting for an appointment next week. I was asked to bring a copy of the Voters Registration form completed and filed in 2008. Here’s my dilemma, I visited my local DMV and the Electoral board today to request a copy of this form - the representative at the Electoral office told me they had nothing i.e. after cancelling my registration in May, my voters card was archived, I asked if a copy can be given (showed both ladies a copy of what I received from the IO) and they said the cancellation notice I rec'd from the registrar in May should suffice. Their inability to give anything led me to my local DMV, clearly they had no document there, I was asked to call Richmond which I did and was referred back to the office of voter’s reg. I called that dept again and my effort wasn’t successful.

I am totally lost on how to handle this now! My appointment with the IO is early next week and judging from the length of time I had to wait to get a response from my IO, I don’t want to request an extension to the date either.

Summary -

----- May, I cancelled my registration and a notice was sent to me from the Registrar to that effect
----- June, I requested a second document stating I never voted and sent both document to my IO
----- Sept, notice of second meeting rec'd and then road block………

What do I do????? How in the world do I handle this?
BYW, I called the citizenship customer service line and a rep asked me to explain what happened to the officer….
 
Abbitu said:
So I finally received a letter from USCIS requesting for an appointment next week. I was asked to bring a copy of the Voters Registration form completed and filed in 2008. Here’s my dilemma, I visited my local DMV and the Electoral board today to request a copy of this form - the representative at the Electoral office told me they had nothing i.e. after cancelling my registration in May, my voters card was archived, I asked if a copy can be given (showed both ladies a copy of what I received from the IO) and they said the cancellation notice I rec'd from the registrar in May should suffice. Their inability to give anything led me to my local DMV, clearly they had no document there, I was asked to call Richmond which I did and was referred back to the office of voter’s reg. I called that dept again and my effort wasn’t successful.

I am totally lost on how to handle this now! My appointment with the IO is early next week and judging from the length of time I had to wait to get a response from my IO, I don’t want to request an extension to the date either.

Summary -

----- May, I cancelled my registration and a notice was sent to me from the Registrar to that effect
----- June, I requested a second document stating I never voted and sent both document to my IO
----- Sept, notice of second meeting rec'd and then road block………

What do I do????? How in the world do I handle this?
BYW, I called the citizenship customer service line and a rep asked me to explain what happened to the officer….
Click to expand...

Did you do as suggested in post #3?
 
BigJoe5 -

Thanks for the clarification - I actually went to a different lawyer who edited a detailed letter I wrote to my IO explaining my error and failure to say I registered to vote in 2008 during my interview. With that letter, I enclosed both cancellation notices from the "office of voter's reg" and another stating I never voted. I have since then waited and prayed for a response from the IO and only got one this week for a meeting next week to bring along the form completed in 2008
 
@baikal3

Woo! Thanks for your detailed information! I just read it today! I wish I did earlier -------> at least with the "original voter reg card thingy", but 'ole me had to wait for the IO. *Sigh*
 
Hello,

Unfortunately, I find myself still waiting for a decision to be made by my IO and her supervisor (as she said at my last invitation to her office). I presented a copy of the voter registration completed in 2008 and was told it would take abt two weeks to hear back from them, its almost 60 days. I have called the USCIS customer service # about two times and they read same thing stated online.....

Can anyone of the experts advise me on what to do next? Please, I'm so sick of waiting....at this point my mind is made up on the denial or approval of my case but I just want something or anything back from the office and I really do not know how to go about this anymore.......

Thanks!
 
It has been OVER 120 days since the May interview. Your case is eligible to file a lawsuit. Nobody wants a lawsuit, but you can threaten one.

By the way, how was the voter act implemented in that state at that time? Are you in a good position to claim it was all a big misunderstanding? If it happened to you then it probably happened to someone else. USCIS might adjust their practices and policies to account for such state-government caused problems.

Please educate us about it.
 
BigJoe5 said:
It has been OVER 120 days since the May interview. Your case is eligible to file a lawsuit. Nobody wants a lawsuit, but you can threaten one.

By the way, how was the voter act implemented in that state at that time? Are you in a good position to claim it was all a big misunderstanding? If it happened to you then it probably happened to someone else. USCIS might adjust their practices and policies to account for such state-government caused problems.

Please educate us about it.
Click to expand...

Hey BigJoe5, as always thanks for your reply,

To answer your question as to how the act was.......The last lawyer I went to see before I wrote to the IO told me the same thing I was already aware of, only citizens of the United States and residents of my state can register to vote or even cast a ballot.....he went on to say its not uncommon for new immigrants to complete a voter registration form at the DMV and I should be glad I didnt vote.....

Am not sure if this is the information you are asking for but I really dont know what to say. I guess its time to look for another lawyer....again....
 
Abbitu said:
Hey BigJoe5, as always thanks for your reply,

To answer your question as to how the act was.......The last lawyer I went to see before I wrote to the IO told me the same thing I was already aware of, only citizens of the United States and residents of my state can register to vote or even cast a ballot.....he went on to say its not uncommon for new immigrants to complete a voter registration form at the DMV and I should be glad I didnt vote.....

Am not sure if this is the information you are asking for but I really dont know what to say. I guess its time to look for another lawyer....again....
Click to expand...

I hope you did not pay extra for such minimal information. What I was getting at was how did the state DMV implement the motor voter provisions? Did they make changes to their forms and make it too easy to accidentally register? Many state's did EXACTLY that when they first tried to comply with the law. Many mistakes were made. Things have continued to improve as the issue has come up in the naturalization and removal proceeding contexts.
 
BigJoe5 said:
I hope you did not pay extra for such minimal information. What I was getting at was how did the state DMV implement the motor voter provisions? Did they make changes to their forms and make it too easy to accidentally register? Many state's did EXACTLY that when they first tried to comply with the law. Many mistakes were made. Things have continued to improve as the issue has come up in the naturalization and removal proceeding contexts.
Click to expand...

Hi BigJoe5 - Guess what!! I received an email from USCIS this morning about my oat ceremony!!!!! I don't have all the details yet! You are one of the few people on my telling list :) :D
 
Abbitu said:
Hi BigJoe5 - Guess what!! I received an email from USCIS this morning about my oat ceremony!!!!! I don't have all the details yet! You are one of the few people on my telling list :) :D
Click to expand...

Congrats! Great that everything worked out.
 
Abbitu - Congratulations!! Hope you get your Oath letter soon. Do update this thread when you get it. All the best.
 
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