N-400 Application-Have no recollection of registering to vote

L

lanky1980

Registered Users (C)
First of all thanks to those that host this forum. I have long been a guest on here but after my N-400 interview yesterday i am in need of some advice.
On my N-400 application i had stated that i had never registered to vote, nor had i ever voted. I believed this to be true as i have no recollection of ever do so.
At the beginning of the interview the IO asked why i was registered to vote in my County. I told him i was unaware that i was. He conducted the interview and issued me with an N-14 and asked me to go to the County Clerks office to see what i could find.
The N-14 asks you to return to the IO a voter registration form, proof of removal from the voter register, and your voting record.
I went to the courthouse and they produced a voter registration form that i had signed in March 2006 at the DMV. It clearly states that it is for US Citizens only. I was shocked that i had been so stupid as to sign this, and also that i had no recall of doing it.
However, i got a copy of this, a copy of the form stating i was no longer on the voting register and a copy of my voting record that showed i have never voted.
I drafted a letter to the IO explaining all this and my regret at this huge mistake i had made.
Other than this i am a LPR from the UK married to a USC, been an LPR since 2003, have a 20 month old child and another on the way, always employed, always paid taxes, clean record, not even a parking ticket.

My question is this: Should i return the forms along with my letter of regret and hope for the best? I also have a sworn notarized statement saying i signed this form in error and with full regret.
Do i need to Lawyer up at this point? I realize that by signing the form i could be deported.
Or could i withdraw my application and reapply with all this information attached?

Many thanks in advance for any advice given
 
Lawyer time. I hired a lawyer just because I had dismissed DUI on my record( Of course I declared it on my apps). Will cost me $1700 for the whole process but in my opinion well worth it.
 
sammm said:
Lawyer time. I hired a lawyer just because I had dismissed DUI on my record( Of course I declared it on my apps). Will cost me $1700 for the whole process but in my opinion well worth it.
Click to expand...

Thanks for the response. I am ok with paying for a lawyer, just not sure what they can even do at this time. The IO has given me 30 days and a N-14 continuance to get the voter registration form, proof of cancellation, voting record, and a sworn statement stating why i registered (for this i notarized a statement saying i registered in error and with full regret).
 
There is no need for a lawyer in my opinion. Talk to one sure, or maybe post your question on Lawguru for free. Send the paper you get that you are no longer registered to vote as well as a detailed well typed letter that you didnt do it on purpose and it has been a long time so you honestly didnt remember.. You never voted right? As long as you never voted, it shouldnt be too bad. This is just my opinion. You dont have a criminal record or anything else, so there is no need for a lawyer, especially if you never voted. People do this by mistake all the time and still get their pp.
 
lanky1980 said:
First of all thanks to those that host this forum. I have long been a guest on here but after my N-400 interview yesterday i am in need of some advice.
On my N-400 application i had stated that i had never registered to vote, nor had i ever voted. I believed this to be true as i have no recollection of ever do so.
At the beginning of the interview the IO asked why i was registered to vote in my County.
Click to expand...

You say in your application did not register nor voted. Then how did the USCIS came to know about the wrong doing?

In otherwords USCIS do they check the county records before the interview?
 
Fortunately, the interviewers at USCIS are aware that the DMV clerks often hand out voter registration forms along with the driver's license forms and say "sign here", and people routinely sign it thinking it's just part of the driver's license paperwork. So although registering to vote is technically a deportable offense*, they usually exercise prosecutorial discretion and don't deport you if you provide evidence that you deregistered and didn't vote.


*except in states where they allow permanent residents to vote in local elections such as for the mayor or school board
 
Yes, they check the electoral roll for the state i believe. He showed me a print out that had me registered to vote.
 
Jackolantern said:
Fortunately, the interviewers at USCIS are aware that the DMV clerks often hand out voter registration forms along with the driver's license forms and say "sign here", and people routinely sign it thinking it's just part of the driver's license paperwork. So although registering to vote is technically a deportable offense*, they usually exercise prosecutorial discretion and don't deport you if you provide evidence that you deregistered and didn't vote.


*except in states where they allow permanent residents to vote in local elections such as for the mayor or school board
Click to expand...

Do you think, with this being the case, my application is likely to be successful once i get the paperwork back the IO?
 
lanky1980 said:
Do you think, with this being the case, my application is likely to be successful once i get the paperwork back the IO?
Click to expand...

Deportation is very unlikely if you produce that evidence, but there is a realistic chance of being denied because the offending incident was in March 2006, which was within the 5-year window before you applied for citizenship (unless you're applying with the 3-year marriage rule which would put the incident outside the statutory period). But if that's the basis for denial you can reapply immediately since it's now more than 5 years past that.
 
Jackolantern said:
Deportation is very unlikely if you produce that evidence, but there is a realistic chance of being denied because the offending incident was in March 2006, which was within the 5-year window before you applied for citizenship (unless you're applying with the 3-year marriage rule which would put the incident outside the statutory period). But if that's the basis for denial you can reapply immediately since it's now more than 5 years past that.
Click to expand...

That is interesting as i initially applied based on the 3 year marriage rule but the officer said he was changing it to the 5 year rule as i was eligible and would require more paperwork. i noticed he made a check through the five year rule box on my app in red to signify this. Do you think he would change it back based on this evidence?

BTW, thank you so much for your kind responses, my faith in the internet is being restored by the good folks on here....
 
Withdrawal?

Could i withdraw my application stating that i have discovered this error and would like to re-apply with the correct information, plus all the accompanying documentation?
I have looked around the web and most sites say you can withdraw at any time but not what the repercussions would be.
 
Why withdraw at this late stage? Even if you withdraw, it's still important to provide evidence of deregistration and not voting. If you don't provide it soon, you run the risk of having to provide it in a deportation hearing. So why not submit the requested evidence and let the case go through to completion? If denied, reapply immediately.
 
Jackolantern said:
Why withdraw at this late stage? Even if you withdraw, it's still important to provide evidence of deregistration and not voting. If you don't provide it soon, you run the risk of having to provide it in a deportation hearing. So why not submit the requested evidence and let the case go through to completion? If denied, reapply immediately.
Click to expand...

I am deathly afraid of deportation at this stage as i am married, have a young son and another kid on the way. To be separated from them would be the end of me. Sorry to sound so dramatic. You seem like the most optimistic of the repliers on the thread so far, and i have found earlier posts from you showing that others have gotten over this issue. Many thanks for helping my think it could still end well.
 
Letters...

I have assembled all the evidence asked for by the IO, and also have letters from the Mayor and the Secretary of State for my state saying how easily this mistake can be made, and how i am a fine upstanding individual etc etc. They are both known to me personally.
Do you think these letters can help at all?
 
Letters from random friends wouldn't be useful, but letters from officials like that might help, given that this is a very discretionary situation. Good luck!
 
Jackolantern said:
Letters from random friends wouldn't be useful, but letters from officials like that might help, given that this is a very discretionary situation. Good luck!
Click to expand...

Yeah these letters along with one from the President of the university i work at i hope will help.
 
2 things. Firstly, with as basic as this infraction was, I would be shocked to think you would get deported over it. In fact, I have never seen or heard of anyone getting deported for accidentally registering to vote and not voting.

Secondly, I would be cautious using letters from these "officials." I had a letter from my US Senator saying how wonderful I was, but my attorney told me that he strongly suggested I not include it because it can pi$$ the IO off. Don't shoot the messenger here - this is just what he told me. I didn't end up using the letter...

Good luck
 
You must log in or register to reply here.
Top