Potentially being deported for having registered to vote.

[snowwitch]

hello all,

7 years ago i registered to vote (at 18), never voted, but now i find out that this could get me deported. When i sent in my app i also sent documentation stating that i unregistered and so on and so forth. they had my app for 4 months, and at the interview 5 days ago they still told me they could not make a decision yet and i would have to wait up to 4 months. i couldnt h elp but feel like they were going to deny it. my questions are these:
if they deny me, will it also say they are deporting me or is that a separate notice? in other words what are the steps they take to deport someone at least in writing?
also my green card expires in 8 months would i be able to renew it while "in limbo'?
thanks

 

[baikal3]

hello all,

7 years ago i registered to vote (at 18), never voted, but now i find out that this could get me deported. When i sent in my app i also sent documentation stating that i unregistered and so on and so forth. they had my app for 4 months, and at the interview 5 days ago they still told me they could not make a decision yet and i would have to wait up to 4 months. i couldnt h elp but feel like they were going to deny it. my questions are these:
if they deny me, will it also say they are deporting me or is that a separate notice? in other words what are the steps they take to deport someone at least in writing?
also my green card expires in 8 months would i be able to renew it while "in limbo'?
thanks

Technically, registering to vote by an alien who is not a U.S. citizen is indeed a deportable offense. However, the practice shows that in such cases as yours USCIS usually does not initiate the deportation proceedings, particularly if the N-400 applicant can prove that he/she never actually voted. I don't know what "so on and so forth" means in your post above, but there is a big difference between having de-registered and having proof that you never actually voted. Before the interview you needed to obtain documentation from your local elections board showing that:
1) You have never actually voted
AND
2) That you have cancelled your voter registration.
If you had such documentation with you at the interview, there is a good chance that the application may be approved, after a supervisor review.

If you did not have documentation for either 1) or 2) above at the interview, the IO would have likely requested such additional documentation either at the end of the interview or later, by mail.
In any event, it is fairly unlikely that they will refer the case for removal/deportation, particularly if you never voted and if you disclosed the fact that yopu registered to vote in your N-400 application.
Usually the worst that could happen in such cases is that they deny the N-400 but do not initiate the removal proceedings. If that happens (N-400 is denied but they do not initiate the removal proceedings), you'll be able to renew your green card.

In the absolutely worst case (unlikely but not impossible), if they decide to start the deportation proceedings, you will not get a denial notice for N-400. Instead consideration of your N-400 will be continued, but you will receive an NTA (notice to appear) for a deportation hearing.
If you do a search of this forum, you'll find quite a few cases similar to your where N-400 was actually approved - although such cases do usually require a supervisor review.

 

[Jackolantern]

also my green card expires in 8 months would i be able to renew it while "in limbo'?

You applied for citizenship with more than 6 months remaining on your GC. So that gives you the right to get a free I-551 stamp in your passport if your naturalization is still pending when your green card is about to expire or has expired; you won't need to file I-90 and pay the fee to get a new card. However, the stamp will only be valid for 6-12 months, so you'll have to keep going back for stamping if your naturalization process continues to remain pending for a very long time.

 

[sanjoseaug20]

they had my app for 4 months, and at the interview 5 days ago they still told me they could not make a decision yet and i would have to wait up to 4 months. i couldnt h elp but feel like they were going to deny it.

I think baikal answered it in detail, but I will re-address the above concerns. There is nothing strange about what happened. If someone had registered to vote, they likely will take it to supervisor to make a decision. The decision need not be a denial. And waiting for 4 months is standard lingo. Nothing unusual. If they are satisfied and assuming you did not have any other issue, they will approve you. If they are not satisfied, they will deny. But it is a very very remote chance they will start deportation. Don't worry until you hear something from them.