Registred to vote by mistake and applying for citizenship

Status
Not open for further replies.

Izelic

New Member
Hello, I was registred to vote few years ago, I don't remember the exact date, by ignorance I signed up in one of the tables outside a grocery store and ended up registred to vote. The local party office sent me a card that indicated that I was registred to vote. I called immediatly to clearify the situation and the lady said she was gong to take me out of the list. Now I want to apply and I don't know if is going to bring some problems because there is one question that asks if I was registred to vote. If I put NO and they find out I can be in a problem. I called the local voter registration number and they could not find my name, but still I am afraid. I don't know what to do.
 
How old were you when you received your GC?
On the registration did you signed under the statement that you were a US citizen?
 
You have to put yes, If you put no then your application will be declined. Put Yes and get some sort of documentation that you unregistered, I think the forum guru will come in here and tell you whats docs you need and what you need to do, dont take this lightly
 
@ raevsky I was 27 years old and I don't remember if I sgined like US citizen. I know sounds lame or naive, but the lady asked a bunch of question and I gave information, and I signed w/o even checking what I was signing. I know I was an idiot, as soon as I found out I tried to clearify. I never intended to vote or pretend to be a citizen.
 
@ Incognegro. I totally agree with you and not lying and believe me I will take this seriously, I don't want to ruin my application.. I thank you for your feedback !!!
 
Hello, I was registred to vote few years ago, I don't remember the exact date, by ignorance I signed up in one of the tables outside a grocery store and ended up registred to vote. The local party office sent me a card that indicated that I was registred to vote. I called immediatly to clearify the situation and the lady said she was gong to take me out of the list. Now I want to apply and I don't know if is going to bring some problems because there is one question that asks if I was registred to vote. If I put NO and they find out I can be in a problem. I called the local voter registration number and they could not find my name, but still I am afraid. I don't know what to do.

This kind of situation has been fairly frequently discussed in this forum - you should really do a forum search to look up these older threads.

You need to do the following. First, go in person to your voter registration office and check if your were ever registered to vote (it could be that your application was never actually processed). If it turns out that you were never officially registered, you are in the clear and you don't have to disclose anything on the N-400.

If you were actually officially registered to vote, you need to do the following:

1) Ask them to cancel your voter registration immediately
2) After that ask them for a letter stating the following two things:
a)that you never actually voted
AND
b) that your voter registration has been cancelled.
3) Ask them for a copy of your original voter registration application - they are supposed to keep it on file, and you'll see there if there is any place on it where you are claiming to be a U.S. citizen.

In that case you'll have to answer "yes" to Q2 (and possibly Q1) in part 10 of N-400 and attach a copy of the letter from your voter registration office mentioned in 2) above [and bring that letter to the interview].

Technically, for a non-citizen, claiming to be a U.S. citizen when registering to vote is a deportable offense.

See http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html
"(D) Falsely claiming citizenship
(i) In general Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable."

However, experience shows that, provided the matter is properly disclosed in the N-400 and at the interview, and provided you supply the letter as in 2) above, the IOs usually approve such N-400 applications (particularly if the applicant never actually voted).
 
If you did not claim to be a US citizen, that is OK.
Registering for vote on it's own is not a problem. Local laws in a lot of localities allow that for GC holders (not for vote in federal government though). Do not bother to cancel your registration unless you actually signed that you were a US citizen or US national.
There are a few exceptions to deportability but none of them is for you if you actually claimed to be a US citizen. They are mainly for those aliens who did know they were not citizens.
On the other hand, claiming to be a US national is not a deportable event. You should carefully examine what you claimed exactly. If you claimed you were "US citizen or US national", that is fine. because if you actually meant you were a national, not a citizen, you are not deportable.
 
Last edited by a moderator:
If you did not claim to be a US citizen, that is OK.
Registering for vote on it's own is not a problem. Local laws in a lot of localities allow that for GC holders (not for vote in federal government though).

The number of jurisdictions that allow green card holders to vote in local elections is rather small. In over 5 years of following this forum I have never seen a post from somebody who lived in such a jurisdiction, although posts by people who were registered to vote and had various difficulties because of it with their N-400s are quite frequent.

Do not bother to cancel your registration unless you actually signed that you were a US citizen or US national.

Wrong. A false claim to citizenship is not the only issue. It is also important to know if the OP's locality actually allows LPRs to register to vote and to vote in the local elections. If not, then the OP must still cancel his/her voter registration, even if the original registration somehow did not involve a claim of citizenship, e.g. because of the sloppy paperwork.

If somehow the OP did not claim U.S. citizenship when registering to vote but it is illegal for non-citizens to vote in that jurisdiction, the OP's voter registration must still be cancelled and there is no way that an IO would approve an N-400 in such a situation without seeing the proof that the voter registration has been cancelled. The application could be denied on GMC grounds even if the applicant is not deportable.

There is a 2002 INS memo regarding these issues that is still in effect and that explains the procedures for such situations in detail:
http://www.uscis.gov/USCIS/Laws/Memoranda/VoterMem_Plus86.pdf

If the OP happens to live in the area where LPRs are allowed to vote in local elections, he must still answer "yes" to Q2 in part 10 of N-400, and in that case the IO will certainly want to see proof that the laws in that particular jurisdiction actually allow green-card holders to register to vote.

On the other hand, claiming to be a US national is not a deportable event. You should carefully examine what you claimed exactly. If you claimed you were "US citizen or US national", that is fine. because if you actually meant you were a national, not a citizen, you are not deportable.

Falsely claiming to be a U.S. national may still be used as grounds for finding lack of good moral character and the denial of N-400.
 
The number of jurisdictions that allow green card holders to vote in local elections is rather small. In over 5 years of following this forum I have never seen a post from somebody who lived in such a jurisdiction, although posts by people who were registered to vote and had various difficulties because of it with their N-400s are quite frequent.
That does not matter. It proves it is perfectly legal to register to vote for a GC holder.

Wrong. A false claim to citizenship is not the only issue. It is also important to know if the OP's locality actually allows LPRs to register to vote and to vote in the local elections. If not, then the OP must still cancel his/her voter registration, even if the original registration somehow did not involve a claim of citizenship, e.g. because of the sloppy paperwork.

Totally wrong.


If somehow the OP did not claim U.S. citizenship when registering to vote but it is illegal for non-citizens to vote in that jurisdiction, the OP's voter registration must still be cancelled and there is no way that an IO would approve an N-400 in such a situation without seeing the proof that the voter registration has been cancelled. The application could be denied on GMC grounds even if the applicant is not deportable.
Totally wrong. To deny it on GMC ground the applicant needs to commit a crime of moral turpitude. This is not a crime.


There is a 2002 INS memo regarding these issues that is still in effect and that explains the procedures for such situations in detail:
http://www.uscis.gov/USCIS/Laws/Memo...Mem_Plus86.pdf
Nothing in this memo prohibits registering to vote unless actually voting in US federal elections or claimimg US citizenship

If the OP happens to live in the area where LPRs are allowed to vote in local elections, he must still answer "yes" to Q2 in part 10 of N-400, and in that case the IO will certainly want to see proof that the laws in that particular jurisdiction actually allow green-card holders to register to vote.
Wrong. That is the IO who needs to provide proof it is illegal. This question is on N-400 application only not to miss false claim or real vote. IO needs to investigate the case further if the answer to Q2 is yes. But you do not have to prove anything.
 
That does not matter. It proves it is perfectly legal to register to vote for a GC holder.

To use your own phrase, you are totally wrong. It is not "perfectly legal to register to vote for a GC holder".
It is only legal to a GC to register to vote in a small number of jurisdictions where LPRs are allowed to vote in local elections. Everywhere else it is illegal for an LPR to register to vote.

Totally wrong. To deny it on GMC ground the applicant needs to commit a crime of moral turpitude. This is not a crime.
Again, to use your own phrase, you are totally wrong. It is not necessary to commit any crime at all for the finding of lack of good moral character.
The IO may find that the applicant lacks GMC on other grounds as well, not involving actual criminal offenses.


Nothing in this memo prohibits registering to vote unless actually voting in US federal elections or claimimg US citizenship

If the laws of a particular state prohibit non-citizens from registering to vote, then registering to vote by an LPR is a violation of the law even if for some reason no claim of U.S. citizenship was involved.
 
To use your own phrase, you are totally wrong. It is not "perfectly legal to register to vote for a GC holder".
It is only legal to a GC to register to vote in a small number of jurisdictions where LPRs are allowed to vote in local elections. Everywhere else it is illegal for an LPR to register to vote.
This is absolutely baseless statement. And totally wrong.

Again, to use your own phrase, you are totally wrong. It is not necessary to commit any crime at all for the finding of lack of good moral character.
The IO may find that the applicant lacks GMC on other grounds as well, not involving actual criminal offenses.
generally a crime of moral turpitude is not the only disqualification. False claim made under oath would disqualify under GMC as well. However, there is no law that could disqualify for false claiming US nationality

If the laws of a particular state prohibit non-citizens from registering to vote, then registering to vote by an LPR is a violation of the law even if for some reason no claim of U.S. citizenship was involved.
Baseless and totally wrong. When you sign a registration you do not care if you could register for vote. What you care is only whether all the statements are correct.
 
This is absolutely baseless statement. And totally wrong.

generally a crime of moral turpitude is not the only disqualification. False claim made under oath would disqualify under GMC as well. However, there is no law that could disqualify for false claiming US nationality

Baseless and totally wrong. When you sign a registration you do not care if you could register for vote. What you care is only whether all the statements are correct.

Again, to quote your own favorite phrase, you are totally wrong.

There need not be any criminal conduct at all involved for a finding of lack of GMC. For example, being a habitual drunkard may be used for the finding of the lack of GMC, or, for example, failing to pay child support (even if such a failure does not constitute criminal offense). Similarly, there have been cases where an applicant with a large number of traffic tickets were denied on GMC grounds, even if no criminal offenses were involved in those tickets. Etc. The IO may take a variety of factors not involving actual crimes when making a GMC determination.
If someone remains registered to vote, while knowing that he/she is not actually allowed to register to vote, that can certainly be used by the IO in GMC determination even if it somehow happened that the actual act of registering did not involve a false claim of citizenship (e.g. if there was some sloppy paperwork or something of the sort).
At the very least the IO will most certainly instist that the applicant cancel his/her voter registration in such a case before an N-400 can be approved.
 
From what OP stated, it seems that he just thought he was signing some sort of petition. He never actually voted. He contacted his election board and they had no record of him registering to vote. He alludes that he was contacted by some local party office and they took him off their list (this probably means that the form never made it to the registrar.)

All he needs is confirmation from the registrar of voters (election board) that they have no record of his registration. No office full of political activists is going to retain his form that they did not process.
 
Being a habitual drunkard is a factor disqualifying from naturalizaion according to law. IO cannot invent new factors that are not listed in the law.
Registering for vote is not a factor listed in the law as a disqualifying one.
At the very least the IO will most certainly instist that the applicant cancel his/her voter registration in such a case before an N-400 can be approved.
That never happened before and will most likely never happen in the future.
 
Actually, no make a non-baseless claim for registering to vote being able to disqualify application for naturalization it is not enough just to state IO could do it. You claimed he could do it under GMC. The list of possibilities under GMC is predefined and limited. You have to point to a particular item (that does not exist). Otherwise it ias all baseless.
 
Being a habitual drunkard is a factor disqualifying from naturalizaion according to law. IO cannot invent new factors that are not listed in the law.

As usual, you are completely and totally wrong. The IOs are not limited to a specific list of factors when making a GMC determination.
To quote from the USCIS Adjudicator's Field manual:
" Section 101(f) also provides that an applicant may lack good moral character for reasons other than those described in 101(f)(1) – (f)(8). The courts have held that good moral character means character which measures up to the standards of average citizens of the community in which the applicant resides. Any conduct or acts which offend the accepted moral character standards of the community in which the applicant resides should be considered, without regard to whether the applicant has been arrested or convicted."

See http://www.uscis.gov/portal/site/us...7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm


That never happened before and will most likely never happen in the future.

In every single case reported in this forum where the applicant admitted to having registered to vote without being allowed to vote, the IO insisted on seeing proof that the voter registration has been cancelled before approving N-400.
 
well thank you to all of you for answering !!! Yes, I already did a research here at the forum and found some cases that are slightly different, but can apply to my case. I went already to the office of election, I don't know which one is the board of election, they could not find any rec ord of me. They said they keep unactive voters upt to five years and canceled voters up to ten, so either way I would be there in any case, but the lady says that they could not find any record or registration form. I would investigate to find if they have other place where they can have records. The lady that filled the registration for me was doing it for local elections, but I am worried because like I said i Don't rememeber what I signed. She filled the info for me and never asked "Are you an American citizen??" Of course I would say "NO." I believe by me signing is like accepting that I was an American citizen. Anyway I will go and find about that becasue I don't want to get in trouble. Thanks all of you for your advices..
 
well thank you to all of you for answering !!! Yes, I already did a research here at the forum and found some cases that are slightly different, but can apply to my case. I went already to the office of election, I don't know which one is the board of election, they could not find any rec ord of me. They said they keep unactive voters upt to five years and canceled voters up to ten, so either way I would be there in any case, but the lady says that they could not find any record or registration form. I would investigate to find if they have other place where they can have records. The lady that filled the registration for me was doing it for local elections, but I am worried because like I said i Don't rememeber what I signed. She filled the info for me and never asked "Are you an American citizen??" Of course I would say "NO." I believe by me signing is like accepting that I was an American citizen. Anyway I will go and find about that becasue I don't want to get in trouble. Thanks all of you for your advices..

It looks like you are in the clear as you were never actually registered to vote. So just answer "No" to Q2 in part 10 of N-400 and move on. You won't be in any kind of trouble.
 
She filled the info for me and never asked "Are you an American citizen??" Of course I would say "NO." I believe by me signing is like accepting that I was an American citizen. Anyway I will go and find about that becasue I don't want to get in trouble.

Even if you can't find a copy of the actual form you signed, you should try to get a copy of the version of the form that was in use at the time you signed it. It might have a clause on it saying "I am a US citizen", perhaps with a checkbox beside it.
 
Status
Not open for further replies.
Top