Is my Permanent Residnent status safe after the denial of N-400 Application?

[hum_b]

I recently had a decision letter for Naturaliztion from USCIS. It says I am ineligible for naturaliztion because of lack of good moral character.

I voted twice in the past, not knowingly it is illegal for non-U.S. citizens to vote(I was solicited by a woman who says the permanent resident can register to vote).

At the first interview I told the officer about my voting activity. The dicision was not made at that point.

7 months later, I had the second interview. After I briefly explained about my voting activity and hisory, the officer said, "We can take your green card away, but instead, we are going to prosecute you"

The officer requested me to send a copy of the voting history, the voter registration form, and a proof of cancellation of the voter registration.


I submited all the requested documents. Then few days later I received this decision letter. At the end, the letter says "You may reapply for naturaliztion when your illegal voting activity is no longer within the established statutory period."

Here are 2 questions,

1) Can I assume that they waived the prosecution? (or am I going to receive a follow up letter regarding the deportation or the prosecution?)


2) Is my permanent resident status safe? (I am going to travel overseas for 2 weeks this coming December 2008, and I want to safely come back to the U.S.)


Please, please, please help me!

Any advice will be greatfully appreciated.



Thank you,

 

[baikal3]

I recently had a decision letter for Naturaliztion from USCIS. It says I am ineligible for naturaliztion because of lack of good moral character.

I voted twice in the past, not knowingly it is illegal for non-U.S. citizens to vote(I was solicited by a woman who says the permanent resident can register to vote).

At the first interview I told the officer about my voting activity. The dicision was not made at that point.

7 months later, I had the second interview. After I briefly explained about my voting activity and hisory, the officer said, "We can take your green card away, but instead, we are going to prosecute you"

The officer requested to send a copy of the voting history, the voter registration form, and a proof of cancellation of the voter registration.


I submited all the requested documents. Then few days after I received this decision letter. At the end, the letter says "You may reapply for naturaliztion when your illegal voting activity is no longer within the established statutory period."

Here are 2 questions,

1) Can I assume that they waived the prosecution? (or am I going to receive a follow up letter regarding the deportation or the prosecution?)


2) Is my permanent resident status safe? (I am going to travel overseas for 2 weeks this coming December 2008, and I want to safely come back to the U.S.)


Please, please, please help me!

Any advice will be greatfully appreciated.



Thank you,

Hmm. Sounds to me like you are in real trouble. You really should have known better than to vote in the U.S. elections without being a U.S. citizen and you should also have consulted a lawer before filing N-400. Although I am not a legal expert of any sort (and I do want to stress this!), it seems to me that the answers to both of your questions are "no" and "no".

Presumably a lot will depend on the good graces of USCIS which are fairly unpredictable.

However, voting in the U.S. elections while not being a citizen is grounds for deportability under 8 U.S.C. 1227. This means that USCIS may both revoke your green card and initiate deportation proceedings against you. See http://www.helium.com/items/442414-what-is-a-deportable-alien-in-us-immigration-terms

Moreover, in most states and at the federal level there are criminal laws regarding voter fraud and criminal prosecution is probably also a possibility.

So you really need to talk to an immigration lawer and criminal lawer ASAP and find out exactly what you are facing. Do not delay and do not rely on whatever informal opinions you get here or on other bulletin boards. You need a professional opinion here.

 

[saf]

Don't travel overseas! You need to consult your immigration lawyer immediately. Voting while not being a US citizen is a very serious. You shouldn't have voted because you are not a US citizen yet. Foreign people (even permanent residents) cannot vote in any country unless citizen of home country can vote in their home country.

Yes, green card can be revoked and you will be probably deported. I suggest you consult your lawyer (both criminal and immigration lawyer) immediately.

 

[hopeful44]

My guess they would not prosecute you because they said that you could reapply.A good lawer can argue two things : One you didn't do knowingly as you said. Second as you did not get any benefit out of this but some activist convinced you to do that. Read below about what they say on deportation. There could be different interpretation as I am not a lawyer.It sure looks serious though.

Aliens who knowingly encouraged, aided, or abetted any other alien in entering the country illegally.

Aliens who give fraudulent information in order to obtain a benefit, or engaged in marriage or document fraud.

Aliens who have voted unlawfully or claimed to be U.S. Citizens in order to gain a benefit.

I would not hire lawyer now. May be when you apply again or if they charge you for anything.

 

[baikal3]

My guess they would not prosecute you because they said that you could reapply.A good lawer can argue two things : One you didn't do knowingly as you said. Second as you did not get any benefit out of this but some activist convinced you to do that. Read below about what they say on deportation. There could be different interpretation as I am not a lawyer.It sure looks serious though.

Aliens who knowingly encouraged, aided, or abetted any other alien in entering the country illegally.

Aliens who give fraudulent information in order to obtain a benefit, or engaged in marriage or document fraud.

Aliens who have voted unlawfully or claimed to be U.S. Citizens in order to gain a benefit.

I would not hire lawyer now. May be when you apply again or if they charge you for anything.

I've got to say that I disagree with the last part. I think Hum_b needs to at least consult a lawer now to find out precisely what the potential implications are.

 

[Jackolantern]

I voted twice in the past, not knowingly it is illegal for non-U.S. citizens to vote(I was solicited by a woman who says the permanent resident can register to vote).

In some states it is true that permanent residents can both register and vote. However, such voting by permanent residents is only legal for local elections like the mayor or school board, and only in the specific cities/counties that allow it.

If they don't deport you this time, you should never apply for citizenship again. Next time you might not be as lucky.

 

[Bobsmyth]

Here's a 2002 USCIS memo that provides guidance on how naturalization applications for illegal voters should be adjudicated:

http://www.aa-law.com/images/stories/naturalization-unlawful-registration-or-voting.pdf

 

[hum_b]

I want to thank to everyone who gave me the advice and/or thoughts.

I already asked an immigration attorney's help, and I will know what the next step should be regarding this matter soon.

Especially, Bobsmyth's information was very helpful.


Thank you so much everyone!

 

[hopeful44]

After reading Bob's link, I have to agree with Jackolentern's advice (I surprised myself). Do not apply again. There is so much risk. You can be prosecuted and removed. Good luck. You still might get bad news in coming days.

 

[USER2345]

I recently had a decision letter for Naturaliztion from USCIS. It says I am ineligible for naturaliztion because of lack of good moral character.

I voted twice in the past, not knowingly it is illegal for non-U.S. citizens to vote(I was solicited by a woman who says the permanent resident can register to vote).

At the first interview I told the officer about my voting activity. The dicision was not made at that point.

7 months later, I had the second interview. After I briefly explained about my voting activity and hisory, the officer said, "We can take your green card away, but instead, we are going to prosecute you"

The officer requested me to send a copy of the voting history, the voter registration form, and a proof of cancellation of the voter registration.


I submited all the requested documents. Then few days later I received this decision letter. At the end, the letter says "You may reapply for naturaliztion when your illegal voting activity is no longer within the established statutory period."

Here are 2 questions,

1) Can I assume that they waived the prosecution? (or am I going to receive a follow up letter regarding the deportation or the prosecution?)


2) Is my permanent resident status safe? (I am going to travel overseas for 2 weeks this coming December 2008, and I want to safely come back to the U.S.)


Please, please, please help me!

Any advice will be greatfully appreciated.



Thank you,

Maybe I wasn't paying attention..but were you voting in federal or state election.? Because LPRs can vote in local elections. Perhaps you can argue with your lawyer that you thought you were registering to vote in local election? I would definitely get a good lawyer and see what can be done. You can still salvage the situation.

 

[Jackolantern]

Maybe I wasn't paying attention..but were you voting in federal or state election.? Because LPRs can vote in local elections. Perhaps you can argue with your lawyer that you thought you were registering to vote in local election?

The problem is that the OP actually voted, not just registered.

And even then, it is only legal for LPRs to vote in local elections if specifically allowed in that jurisdiction. Local election voting is not a blanket right for LPRs everywhere.

 

[hum_b]

Attorney's advice

I consulted with 2 deferent immigration lawyers.

After carefully read the decision letter again, I found out that the decision letter said:

"While there were no criminal proceedings connected to this violation,.......... an applicant who admits committing an offense of this nature within the statutory period is thereby rendered ineligible for naturalization"


one's advice:

won't be prosecuted at this time, but every time I travel it will increase the chance to be prosecuted(but nothing could be happen). I may reapply when the illegal activity is no longer within the established statutory period.


The other's advice:

never knows, might receive "Notie to Appeal" in the future. Don't ever reapply for naturalization. Or file for a hearing(appeal) soon.
Traveling part is the same as the other lawyer's advice. Very small chance to have a criminal charge, but good chance to have a removal proceeding.


I still don't know what would be the best...

I probably travel next month anyway(taking the decision letter with me), and will not proceed for a hearing.

If they decide to proceed me for removal at the port of entry, I'll take it from there....
(@the port of entry, they can file for a prosecution, but still have to let me enter the U.S.)

 

[nyc_nyc_nyc]

I recently had a decision letter for Naturaliztion from USCIS. It says I am ineligible for naturaliztion because of lack of good moral character.

I voted twice in the past, not knowingly it is illegal for non-U.S. citizens to vote(I was solicited by a woman who says the permanent resident can register to vote).

At the first interview I told the officer about my voting activity. The dicision was not made at that point.

7 months later, I had the second interview. After I briefly explained about my voting activity and hisory, the officer said, "We can take your green card away, but instead, we are going to prosecute you"

The officer requested me to send a copy of the voting history, the voter registration form, and a proof of cancellation of the voter registration.


I submited all the requested documents. Then few days later I received this decision letter. At the end, the letter says "You may reapply for naturaliztion when your illegal voting activity is no longer within the established statutory period."

Here are 2 questions,

1) Can I assume that they waived the prosecution? (or am I going to receive a follow up letter regarding the deportation or the prosecution?)


2) Is my permanent resident status safe? (I am going to travel overseas for 2 weeks this coming December 2008, and I want to safely come back to the U.S.)


Please, please, please help me!

Any advice will be greatfully appreciated.



Thank you,

at my interview the officer asked me if i ever voted i said NO how can i im not a US Citizen duhh! i didnt know you could vote with a greencard...what made you think a green card person can vote? the most important right to an american citizen is the right to vote.

 

[Jackolantern]

won't be prosecuted at this time, but every time I travel it will increase the chance to be prosecuted(but nothing could be happen). I may reapply when the illegal activity is no longer within the established statutory period.

The problem is that this is not any old offense, it is a deportable offense. Once you commit a deportable offense the 5 year statutory period won't protect you if they want to deport next time. Reapplying at any time in the rest of your life will bring this incident to their attention again.

 

[Jackolantern]

at my interview the officer asked me if i ever voted i said NO how can i im not a US Citizen duhh! i didnt know you could vote with a greencard...what made you think a green card person can vote? the most important right to an american citizen is the right to vote.

What I really don't understand is how this mistake was made not just once, but FOUR times spread out over a number of years without discovering that it was illegal to vote: First when registering to vote, then voting, then voting again, then deciding to apply for naturalization.

 

[realexm]

Tough case and I feel sorry for you. Doesn't seem like such a big deal (I've seen people getting citizenship after committing crimes that are much 'worse'), but unfortunately according to the US Constitution voting is one of the fundamental rights of being a US Citizen.

See if you can get some more information about whoever 'tricked' you into voting and make a recollection of all the voting activities you have done in the past. I noticed that you have spoken to two immigration lawyers already, but make sure you get a really well regarded lawyer and get a 3rd and final opinion.

My take is that you get away with it (this time), but I'm not sure if with the current laws you can ever become a citizen.

Good luck.

 

[hum_b]

Thank you

Thank you very much for your advice, everyone.

Like "realexm" suggested, I've already set up an appointment witn a 3rd lawyer.

If some of you are curious about how I got into to the voting, this is how:

While I was shopping, the activist approached and asked me if I am a registered voter. I said, " No, I'm not a U.S. citizen, so I have no rights to vote." Then she says "What is your status? If you are a green card holder, you can register". She really convinced me, then filled out the form for me and I signed at the end.

I really really really regret that I didn't even suspect about what she said, and signed without reading the form. I was totally fooled but I was a total dumb....

I have been married to a U.S. citizen for 10 years and we have 2 children. They are still very young. For my family, I really need to find a way to stay here.

 

[Bobsmyth]

Thank you very much for your advice, everyone.

Like "realexm" suggested, I've already set up an appointment witn a 3rd lawyer.

If some of you are curious about how I got into to the voting, this is how:

While I was shopping, the activist approached and asked me if I am a registered voter. I said, " No, I'm not a U.S. citizen, so I have no rights to vote." Then she says "What is your status? If you are a green card holder, you can register". She really convinced me, then filled out the form for me and I signed at the end.

I really really really regret that I didn't even suspect about what she said, and signed without reading the form. I was totally fooled but I was a total dumb....

I have been married to a U.S. citizen for 10 years and we have 2 children. They are still very young. For my family, I really need to find a way to stay here.

Did you ever sign anything stating that you were a US citizen at the time?
Also, was this for federal or municipal elections?

 

[Jackolantern]

While I was shopping, the activist approached and asked me if I am a registered voter. I said, " No, I'm not a U.S. citizen, so I have no rights to vote." Then she says "What is your status? If you are a green card holder, you can register".

She may have been telling the truth, because in some states LPRs can legally register to vote, since it is legal for LPRs to vote in some local elections. Now what made you think you could actually vote in a Federal election, and do it twice? (I'm assuming you voted either in a Federal Election, or in a local election that was restricted to citizens, otherwise you wouldn't have been in this trouble)

I have been married to a U.S. citizen for 10 years and we have 2 children. They are still very young. For my family, I really need to find a way to stay here.

Then don't ever apply for citizenship again. They're apparently going to let you off lightly this time, so take the break and don't tempt fate, just continue renewing the green card for the rest of your life or at least until your children have grown up.

 

[nyc_nyc_nyc]

What I really don't understand is how this mistake was made not just once, but FOUR times spread out over a number of years without discovering that it was illegal to vote: First when registering to vote, then voting, then voting again, then deciding to apply for naturalization.

people make mistakes but this is a serious scary mistake a very scary mistake.i dont understand how it was repeated as you have mentioned..what would happen if he just didnt tell them he voted? would that be something even worse?