Voting Before Naturalization Can Cause you Problems

Bobsmyth said:
Before you decide to pay $400 for a lawyer to write you a letter, ask the lawyer what their strategy is and if they have ever successfully defended such a case. If yes, ask for the case and details. If the lawyer says you must first start with a letter and see how things move along as they go, then find another lawyer. You want someone who will defend you with a clear plan of action, not someone who first demands money for a letter, then more money for another letter and so on.

Btw, do you otherwise have a clean history as a LPR? Also, can you demonstrate community involvement (ex: member of cultural understanding group), that you payed taxes, held steady job and other wise have been a law biding citizen? This can go along way in demonstrating GMC.
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I have a very clean criminal records, I am not involved in any community work, I had help a job for 5 years and then moved to Memphis in 01/20008 for this one. In my first years I worked for few retail stores. I am also 2 quarters away from graduation B.S
I will discuss this with the lawyer to see if he can mention them to the IO.
 
maslouj said:
I have a very clean criminal records, I am not involved in any community work, I had help a job for 5 years and then moved to Memphis in 01/20008 for this one. In my first years I worked for few retail stores. I am also 2 quarters away from graduation B.S
I will discuss this with the lawyer to see if he can mention them to the IO.
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If you haven't already done so, read the 2002 USCIS memo on how IO have been instructed to proceed with such cases. It may strengthen your case if you know exactly what they are supposed to look for and what you can do help you case.

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

Here's a link to prosecutorial discretion that is mentioned in memo:

http://www.nilc.org/immlawpolicy/removpsds/removpsds059.htm

Also, here's a recent case where the courts found that a false claim to US citizenship does not preclude someone from demonstrating GMC:

http://www.usdoj.gov/eoir/vll/intdec/vol24/3623.pdf
 
Bobsmyth said:
If such a registration requires you to swear that you are a US citizen, then it is a felony under 18 USC 1015(f).
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What I meant is, since you asked the OP if he had a clean history as an LPR, that the OP commited an offense prior to GC but
since the status of voter registration did not expire and well extended
into his post-GC issurance period, so can the government also claim he
kept commiting offenses after he got the GC?
 
WBH said:
In theory, even if you kid with your
neighbor saying you are a USA citizen, you can be found guilty under
18 USC 911
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Well first you would have to be charged to be found guilty. I doubt the federal government would pursue a case of false representation of a US citizen to your neighbor.
 
newapplicant said:
MASLOUJ,
Pl. see the links of bsmyth.
What is happening there is some inportant information going tho' the thread and since thread is expanding and you are in stress--it is possible you may lose these favorable points in you case.So NOTE important points and keep them for your lawyer or for you.You will see light.
Otherwise you may end and loose in loop(for example if you see your replies how the voter thing happened it is going on rounding.So conserve points and time first foryour self,Do not panic).
Also under catch -all clause amended detrimental to Immigrants in 1996 IIRIA law.But it has got some riders to preculde.This is the reason why I was mentinoing from the begining the lawyer has to have expertise in 'immigration consequences' of 'criminal charges' and removal and deportation too even exposure as asst. to senior lawyer may be helpful for example.
Also,many times the case may be seen in total context of whole sceanrio and not 'One Incident alone' depending on the 'whole circumstance.'
That is the reason--in my previous post of 14 th july,I compiled a list for you
(which may help your lawyer and you helps to chalk out a defense staretgy and pointedly).I reproduce the post here for your convenience /reference.

--------------------------------------------------------------------
This was posted by me on 14 th July:
Only thing is don't get panic because no use of it at this stage.Do not lose hope.Evolve your own practical plan.
You can tell your (good standing lawyer ) the following and submit proofs.
Which may help(the max. is they may become irrelevant basing on your merits of partiulcar case circumustances,because they may go back to your history of immigration)
1)As people mentioned here, every voting violations has resulted not a manadatory deportable issue.Some were only denied.Only few were gone to extreme it seems depending on the nature how it happend.So don't scare or get scared by others at this stage.
(Atleast not all if you really search the cases and it depends on many factors of evidence and some extent on human factor too).
2)If you have voted it was well outside the stipualted staturoy period of 5/3 years.<<<THis statutory period is also important.Yours is far away 9 years.
Bring this point in Bold letters if you have to.
(CIS also views whther it well near the end or far off to the end.This also may be factor in assessing the impact on the decision) .
3)The difficult and important part is--to prove you have not done knowingly or wilfully(if you do not know really) and you need to provide
proof of 'Extenuating Circumustances' beyond your control If you have any and if at all
<<<This 'extenuating circumstances'(proof required by way of witness deposition,documenations,suppose you could not have good knowledge at that time and some body assisted you in interpreting and it is interpreter error etcetc.But do not lie to them for sake of getting benefit which is more serious again) will be helpful.
4)Your conduct,ties,voultary porganizations,community service,volunary service in any govt. agencies etcetc.<<<Doc. proof to show what is your inside character may be helpful.
This case may come up in one or more areas of naturlaization laws,moral turpitude/good moral character issues and last(deportation area) and check lawyer affordable to your economic situation.
GOOD LUCK
-------------------------------------------------------------------------
Note: I am not a lawyer and I am just a lay man without any legal knwledge.!
Read the above STRICTLY at your own risk.
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Thank you so much for doing this. You guys are wonderful.
I actually read and printed those links and highlighted some good points that I want to mention to the lawyer. I don't know what I could have done without your help. (all of you)
There is a slim chance for my case to be approved but there is a bigger chance for worst case scenarios. I will take my chances because I believe that if you are a good person, things turn out well at the end despite the straggle.
 
I agree. what you have provide me with is excellent and for that I am grateful. If everything goes well with my case, I will raise awareness of all kind of issues that may hunt immigrants and make sure I join community centers for programs educating immigrants of their rights and responsibilities. I will make sure no one else falls into this issue again.
 
newapplicant said:
<<But in the above points only the diffucult point will be --why it was not retracted and continued the folly later too(considerable time to deregister)
and for this you should have some very strong points.Do not tell em here but scirpt yourself the things and come out and see and view them as third person and you will see whether the argumets are convincible.>>>

The gernearl essence is--Whether convincible and 'techncially viable' ,'allowable circumustance',Overall Good Moral character,precedents,Conventions as per terms law--these are the 'terms' which play key role in a court case--lawyers--lose/win case.
So prepare every thing logically and if your driver(prospective lawyer)ha knwoledge will take you detsination safely or....you know.
One thing any one must remember--In compiling the points/ evidence the
plaintiffs job is 80% of collection(some times you will be doing your self or good knwoledgeble lawyer can some times help/guide what to get,but succes of case mainly depends on YOU and YOUR ABILITY and YOUR STUFF!)GOOD LUCK
-------------------------------------------------------------------------
Note: I am not a lawyer and I am just a lay man without any legal knwledge.!
Read the above STRICTLY at your own risk.
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Thanks newapplicant. I am doing this right now. I am putting all the negatives (Things I have done such as registering to vote, voting and not de-registering after I found out that I was not suppose to vote)
I am also putting all things that may help my case as positives and looking to see how each positive can help my chances with the negative
Most of my defense is mainly verbal and I have nothing to prove that I did not do this intentionally expect the fact that I did not vote after I found out in my GC interview. I was never told to de-register but there is no way for me to prove it in paper. It has never crossed my mind that I was suppose to take such a step until the IO asked me to bring copies of my registration forms when I called Chicago's board of commissioners, I was sent a de-registration form that I signed and mailed back. How could I have known all this if I was not told during GC process that I needed to do this and that...
I know this is not a good defense, but this is the truth and the only thing I have for now.
 
Do you think I can ask for copies of my application with my x-employers?
I have few of my applications where I sated that I was a PR not a citizen. do you think that would help too?
I can ask my school's advisor and one of my instructors and some of my friends if they can write me a letter of recomandation if that is going to help.
 
Thanks man. I really appreciate it. I will focus on this weekend and get some time off all of this to have some energy for the bigger fight later. Please don't hesitate to let me know if you know anything else that may help me.
Thanks all.
 
maslouj said:
Thanks man. I really appreciate it. I will focus on this weekend and get some time off all of this to have some energy for the bigger fight later. Please don't hesitate to let me know if you know anything else that may help me.
Thanks all.
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Hey Maslouj

Any update ? hope from the lawyers ? we appreciate if tell us how it went meeting with lawyers

Good luck
 
fitness901 said:
Hey Maslouj

Any update ? hope from the lawyers ? we appreciate if tell us how it went meeting with lawyers

Good luck
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Well, the lawyer I saw yesterday was very optimistic and said that I have a good chance to be approved since this happened 9 years ago and I disclosed it during my GC and my naturalization interviews. She also think that having a lawyer may fire back and provoke them to take more actions.
So after all, my letter that I wrote, is the only hope I have. The lawyer read it and rearranged the information and told me to go ahead and drop the documents at the immigration office myself and have them stamp my copies for proves later.
It is all in the officer hands now and I am hoping that because I was honest and that this happened outside the 5 years period will help my chances of becoming a naturalized US citizen.
I just came back from Immigration office and I am asking you all to pray for me and my family.
I will let you know how it goes.
Thanks
 
maslouj,
Good luck - my prayers are with you. You already are prepared for the worst, so you are in a good place.

I'm sure the lawyer was right and you'll get your citizenship soon.


Devi
 
Thank you everyone for your kind words.
I am sure there are many people in the same situation and they may be afraid to address it, but I honestly believe that I can help by speaking about my case so others can learn from it or avoid it.
My faith is in God's hands and not in IO hands and if my destiny is to move from US and live in Europe, I will welcome it with an open heart even though it will be a very hard transition for me and my family.
By the way, the lady who took my paper said that if I get a response within few weeks, it may be a sign of a bad thing (denial) if I don't see anything in the mail for a while (month or two) this means they approved my application and they are waiting for the next ought ceremony date. So no news is a good news in this case (-:
 
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You would not believe the amount of information I was able to remember and gather thanks to you guys. I put my thoughts on a piece of paper and organized them by dates, it all came back to me. I am even ready to go to court with them for this and represent myself if I have to. There was a big mess in IL DMV offices during the time when I registered. The lawyer said not to send it until we see what thier decision will be.
I just hope that we don't have to go to court and spend more time and money on this.
I can promise you, US will gain more from approving me for US citizen. I am very involved and good person who has been and will continue contributing to the society.
I may made that stupid mistake but I am not stupid at all it was matter of English and signing a document without reading its content, which caused me to believe that I was supposed to vote. My involvement and bravery sometimes work against me and this is the best case to prove it.
 
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