Non US Citizen voted and applied for N-400

Introuble2009

New Member
After reading some of the threads here I just realized that you can get deported if you are a Non-US citizen and voted at a presidential election. I don't even remember that I registered anywhere to vote but after receiving a Voting card in the mail I thought it was OK to vote which I did once in (2004).

I just filed for my N-400 and answered the 10 a (1, 2, and 3) question as NO. I just completed the biometric fingerprinting but haven't received a letter for the interview yet. I don't have any criminal records and I always abide the law. I have been living in the states for over 9 years. What should I do??? I heard the USCIS has issued a memo that permits some people in my situation to obtain naturalization even though I voted unlawfully. Can anybody tell me about this memo?

Update: I just called the County Voter Service department and they told me that I was registered to vote with a code of "By other means". She said it didn't come from the DMV otherwise it would state so. She also stated that there is a signature on file and that I actually voted in 2004. I am writing them now to get a request of this transcript and to get taken off the voters list.

I also just received a letter from USCIS to come for an interview on 11/17 (I-797c, Notice of action Letter)

I am freaking out.... what should I do??? I've never done anything to anybody and I am currently in the process to enlist into the us military. This is crazy if I would have known I never would have done this.
 
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After reading some of the threads here I just realized that you can get deported if you are a Non-US citizen and voted at a presidential election. I don't even remember that I registered anywhere to vote but after receiving a Voting card in the mail I thought it was OK to vote which I did once in (2003).

I just filed for my N-400 and answered the question about me being registered to Vote as NO because I never did register to vote. I just completed the biometric fingerprinting but haven't received a letter for the interview yet. I don't have any criminal records and I always abide the law. I have been living in the states for over 9 years. What should I do??? I heard the USCIS has issued a memo that permits some people in my situation to obtain naturalization even though I voted unlawfully. Can anybody tell me about this memo?

Looks like you are in trouble. As a non-citizen, you can not vote in presidential election. I do not think there is a memo that tells non-citizen can vote in presidential elections. You also misrepresented the information on N-400 application. You need to consult an immigration attorney immediately.
 
After reading some of the threads here I just realized that you can get deported if you are a Non-US citizen and voted at a presidential election. I don't even remember that I registered anywhere to vote but after receiving a Voting card in the mail I thought it was OK to vote which I did once in (2003).

I just filed for my N-400 and answered the question about me being registered to Vote as NO because I never did register to vote. I just completed the biometric fingerprinting but haven't received a letter for the interview yet. I don't have any criminal records and I always abide the law. I have been living in the states for over 9 years. What should I do??? I heard the USCIS has issued a memo that permits some people in my situation to obtain naturalization even though I voted unlawfully. Can anybody tell me about this memo?

It sounds like you may have been unintentionally added to the voter registration list (perhaps by DMV). Contact your state's voter registration department and request to get a copy of your registration and how you were registered. The important thing here is to determine if you ever signed a statement claiming to be a US citizen.
Btw, did you answer YES to the question about "did you ever vote" on N-400?
 
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After reading some of the threads here I just realized that you can get deported if you are a Non-US citizen and voted at a presidential election. I don't even remember that I registered anywhere to vote but after receiving a Voting card in the mail I thought it was OK to vote which I did once in (2003).

I just filed for my N-400 and answered the question about me being registered to Vote as NO because I never did register to vote. I just completed the biometric fingerprinting but haven't received a letter for the interview yet. I don't have any criminal records and I always abide the law. I have been living in the states for over 9 years. What should I do??? I heard the USCIS has issued a memo that permits some people in my situation to obtain naturalization even though I voted unlawfully. Can anybody tell me about this memo?

You can't registered to vote unless you claiming yourself as a Citizen. Claiming yourself to be a Citizen is against the Law as well as vote.
You better talk to the Lawyer as soon as possible
 
You can't registered to vote unless you claiming yourself as a Citizen.

It is possible the OP was added to voter registration list without ever claiming to be a citizen, hence the need to verify how OP was added first.
 
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After reading some of the threads here I just realized that you can get deported if you are a Non-US citizen and voted at a presidential election. I don't even remember that I registered anywhere to vote but after receiving a Voting card in the mail I thought it was OK to vote which I did once in (2003).

I just filed for my N-400 and answered the question about me being registered to Vote as NO because I never did register to vote. I just completed the biometric fingerprinting but haven't received a letter for the interview yet. I don't have any criminal records and I always abide the law. I have been living in the states for over 9 years. What should I do??? I heard the USCIS has issued a memo that permits some people in my situation to obtain naturalization even though I voted unlawfully. Can anybody tell me about this memo?

The fact that you voted in a federal election, while a non-citizen, made you deportable according to U.S. Code
TITLE 8.12.II.IV § 1227(a)(6), see
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html :
"(6) Unlawful voters
(A) In general
Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable."

This is true even if you voted by mistake and even if you voted without having registered to vote (although I don 't see how that is possible).

This does not necessarily mean that USCIS will try to deport you when they find out, but they could if they chose to. In practice, the interviewing IO for your N-400 application has a fair amount of discretion and can approve an N-400 even if you did vote (but they could also initiate the deportation proceeedings or just deny the N-400). There was a recent thread here about just such a case, where N-400 was ultimately approved, see:
http://forums.immigration.com/showthread.php?t=300543&highlight=voting+can+cause+problems

At a minimum, the IO will want a full accounting of what happened and a proof that you are not currently registered to vote. You have to decide for yourself if the risk is worth it. On the plus side for you, you voted in 2003, which is more than 5 years ago.
 
.... even if you voted without having registered to vote (although I don 't see how that is possible).

It has been shown that some DMVs added applicants to the voter registration list without the applicant ever having to sign any declaration of US citizenship.
 
It has been shown that some DMVs added applicants to the voter registration list without the applicant ever having to sign any declaration of US citizenship.

Interesting. Could you point to other stories of this kind?

I do know that many DMV's routinely ask people applying for driver's licenses if they want to register to vote. However, I was under impression that if someone says "yes" to such an offer, that person still has to fill out a voter registration card. Or have there been other examples to the contrary? And did you mean that there have been other cases where DMV registered someone to vote entirely without that person's knowledge?
 
It has been shown that some DMVs added applicants to the voter registration list without the applicant ever having to sign any declaration of US citizenship.

Does that mean DMV can add any one to Voter List without even taking their consent. I was thinking they have to ask and only when you say YES then only they will move forward with other paper work. If DMV has done that, how would you prove that it is done without your consent.
 
Interesting. Could you point to other stories of this kind?

I do know that many DMV's routinely ask people applying for driver's licenses if they want to register to vote. However, I was under impression that if someone says "yes" to such an offer, that person still has to fill out a voter registration card. Or have there been other examples to the contrary? And did you mean that there have been other cases where DMV registered someone to vote entirely without that person's knowledge?

What I'm saying is that some DMV have asked applicants if they wish to vote without the applicant ever having to make an official declaration of US citizenship. Back in 1997 when I first applied for my US DL, my state's DMV asked me (on paper) my party's affiliation (for voter registration). I realized at the time they were trying to add me to the voter list, but I declined since I was not a citizen. I remember that the DMV never asks me to sign any type of declaration of US citizenship. Many DMVs have stopped this practice in recent years, but it may apply in the OP's case since he was registered in 2003.

http://www.heritage.org/research/legalissues/upload/lm_28.pdf

http://www.alipac.us/article3615.html
 
What I'm saying is that some DMV have asked applicants if they wish to vote without the applicant ever having to make an official declaration of US citizenship. Back in 1997 when I first applied for my US DL, my state's DMV asked me (on paper) my party's affiliation (for voter registration). I realized at the time they were trying to add me to the voter list, but I declined since I was not a citizen. I remember that the DMV never asks me to sign any type of declaration of US citizenship. Many DMVs have stopped this practice in recent years, but it may apply in the OP's case since he was registered in 2003.

http://www.heritage.org/research/legalissues/upload/lm_28.pdf

http://www.alipac.us/article3615.html

Interesting, OK, thanks.

However, in the OP's case the bigger problem is that he has actually voted in a federal election while not being a U.S. citizen. As I understand it, this, in and of itself, makes one deportable, regardless of whether the person claimed to be a U.S. citizen.
 
I just called the County Voter Service department and they told me that I was registered to vote with a code of "By other means". She said it didn't come from the DMV otherwise it would state so. She also stated that there is a signature on file and that I actually voted in 2004. I am writing them now to get a request of this transcript and to get taken off the voters list.

BTW, I did answer NO to the N-400 question when it asked you if I was registered to vote.
 
What I'm saying is that some DMV have asked applicants if they wish to vote without the applicant ever having to make an official declaration of US citizenship. Back in 1997 when I first applied for my US DL, my state's DMV asked me (on paper) my party's affiliation (for voter registration). I realized at the time they were trying to add me to the voter list, but I declined since I was not a citizen. I remember that the DMV never asks me to sign any type of declaration of US citizenship. Many DMVs have stopped this practice in recent years, but it may apply in the OP's case since he was registered in 2003.

Bob - If some one has been included in voter list by DMV without even asking the person and the person has never voted, does it make a big offense and of what level? How would one prove that it has been done without consent as their is no paper work available like official declaration signing etc. Please share your views.
 
Interesting, OK, thanks.

However, in the OP's case the bigger problem is that he has actually voted in a federal election while not being a U.S. citizen. As I understand it, this, in and of itself, makes one deportable, regardless of whether the person claimed to be a U.S. citizen.

True, voting makes a non citizen deportable by law,but it's not just the act of voting but the intent behind it. Eventhen it's not automatically deportable..the applicant would first have a hearing before being deported.
 
Bob - If some one has been included in voter list by DMV without even asking the person and the person has never voted, does it make a big offense and of what level? How would one prove that it has been done without consent as their is no paper work available like official declaration signing etc. Please share your views.
If the voter registration form can be retrieved and it does not have the individual's signature, or if a registration form cannot be found at all for that person, that fact can be used to show that one did not intend to register. It is true that workers at some DMVs used to just automatically register people without asking them.

But actual voting is another story, and Introuble2009 is risking deportation if he/she continues with the naturalization process.
 
I just called the County Voter Service department and they told me that I was registered to vote with a code of "By other means". She said it didn't come from the DMV otherwise it would state so.
Which may not be true for 2003 or 2004. Sounds like they simply don't know how you registered ... it could be the DMV or anywhere.
 
Guys,

The OP should immediately get hold of all voter registration materials, because it seems as if this is the case of a cat which jumped on a hot stove. :eek: If DMV didn't automatically register him, then we don't know who added him to the list. Unless he can prove that he was registered by mistake, which will make the IO wonder how did he end up being in one of those long lines of people who voted in Nov 2004? :confused: If you didn't know you where NOT suppose to vote, then he's has a higher burden of proof to convince USCIS otherwise.

Alternatively, he can lie about NOT having voted and see what happens? ;)However, lying to USCIS is worse, because getting caught means they are going to nail your asshy on the wall with an American lapel pin...:rolleyes:
 
After reading some of the threads here I just realized that you can get deported if you are a Non-US citizen and voted at a presidential election. I don't even remember that I registered anywhere to vote but after receiving a Voting card in the mail I thought it was OK to vote which I did once in (2004).

I just filed for my N-400 and answered the question about me being registered to Vote as NO because I never did register to vote. I just completed the biometric fingerprinting but haven't received a letter for the interview yet. I don't have any criminal records and I always abide the law. I have been living in the states for over 9 years. What should I do??? I heard the USCIS has issued a memo that permits some people in my situation to obtain naturalization even though I voted unlawfully. Can anybody tell me about this memo?

Update: I just called the County Voter Service department and they told me that I was registered to vote with a code of "By other means". She said it didn't come from the DMV otherwise it would state so. She also stated that there is a signature on file and that I actually voted in 2004. I am writing them now to get a request of this transcript and to get taken off the voters list.

I also just received a letter from USCIS to come for an interview on 11/17 (I-797c, Notice of action Letter)

I am freaking out.... what should I do??? I've never done anything to anybody and I am currently in the process to enlist into the us military. This is crazy if I would have known I never would have done this.

First, I think it is a good idea for you to consult an immigration lawyer before going to the interview. Also, you do need to find out more precisely what happened and how you got registered to vote before the interview. Hopefully, whatever transcript the County Voter Service sends you will clarify this. If they have something with your signature in their files, you need to try to get a copy of that document or at least find out what it was.

The lawyer will give you more competent and well informed advice than anything we non-experts may suggest here in this forum.

In terms of options, you do have an option of withdrawing your N-400 application now and re-applying later. You may also ask USCIS to postpone the interview for a while, which would give you time to collect all the relevant data and get competent legal advice. It might be that this is what the lawyer would recommend, but you have to talk to a lawyer first.

The thread I referenced in my original post does show that it is possible to get N-400 approved even if someone voted in a federal election as a non-citizen. But there are significant risks there as well. The IOs adjudicating N-400 do have a great deal of latitude in such cases and their options range from approving the N-400 application to denying it and initiating the deportation proceedings.

In general, long passage of time with a clean record usually serves as an ameliorating factor in the eyes of an adjudication IO, and if you serve in the U.S. military, that will definitely be a big plus.
 
I am freaking out.... what should I do??? I've never done anything to anybody and I am currently in the process to enlist into the us military. This is crazy if I would have known I never would have done this.[/B]

Calm down and don't panic. Get all your facts together and go from there. There is a process in place. Don't freak out thinking they are coming to deport you or something.
 
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