Voting Before Naturalization Can Cause you Problems

maslouj said:
I know I know.....as much as this sounds obvious and logical, I still made the mistake and voted. If you know me and how I grew up, you would not be so surprised by this. I made more mistakes than anyone on earth due to ignorance and poor judgments. I really feel that if this what I have to pay for voting, then be it....deep in my heart and God is my witness, I did not do it on purpose or for any reason other than when I received the registration card, I thought I had to go and vote. Maybe some mistakes are just unforgivable and I would live with it for all my life......
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Well, I understand that you made the mistake. I think it was Voter Registration office's mistake because they sent you a voter registration card. The voter registration office should know how to verify your citizenship status, immigrant status and criminal status by requiring you to show passport or citizenship/naturalization certificate before issuing you a voter registration card.

If your application is denied, you should try to contact a Congressional representative. I think the Congress should be encouraged to create a new bill to require all vote registration offices in all US states to verify the immigration/criminal status of person before the voting begins.
 
Okay, I called another lawyer that one of you had suggested (Thanks) and he will provide a free consultation on Monday. In the meantime, another lawyer called me back and said that I would need to withdraw my application to save my green card.
From all what I gathered from you guys and from the lawyers I spoke with, it is a 50/50 chance. it is all up to the IO to make a decision on wither I claimed to be a US citizen knowingly and for a reason or it is just one of those stupid mistakes that no one can understand. Either way, I will have to face my faith even if I think it is not fair at all.
 
USGC485 said:
Well, I understand that you made the mistake. I think it was Voter Registration office's mistake because they sent you a voter registration card. The voter registration office should know how to verify your citizenship status, immigrant status and criminal status by requiring you to show passport or citizenship/naturalization certificate before issuing you a voter registration card.
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That does not happen in reality. When I went to renew my Drivers License, which was going to expire soon, the DMV clerk (at Naperville, IL) asked me if I wanted to register to vote. I specifically asked if I needed to provide any proof of my citizenship (as I was not carrying any on that day, my passport application being in process). He said "No". I went ahead, declared myself as an USC on the form and registered to vote.
 
USGC485 said:
Europe - same thing, but all EU Europeans can vote for EU elections. German cannot vote in UK elections, French elections, etc??
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Actually, if you're a citizen of an EU state residing in another EU state you can vote in their local elections. So a German citizen with official place of abode in France can vote in French elections (both local and EU elections). Much like here, a native of Alabama, if resident in Georgia, can vote in Georgia elections.
 
formerf1 said:
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC -
703-908-4800 Extension 110
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I called and I was asked to email a lady to schedule an appiontment with Khanna. I did and she aksed me to write my questions so she can give them to him. After I did, she sent me the following answer:

From: Leslie Hager <leslie@immigration.com>
Subject: RE: FW: Counsultation
To: maslouj01@yahoo.com
Date: Thursday, July 16, 2009, 2:40 PM


Good afternoon. We received your e-mail and forwarded it to our Green Card Supervisor for review. She has advised me that this is not an issue that we handle and she suggests that you contact a local attorney. Sorry we can not be of assistance to you."

I did not see the Extension number you have listed there. I called back and left Mr.Khanna a voice mail and I am hoping he will call me back.
 
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prithis said:
That does not happen in reality. When I went to renew my Drivers License, which was going to expire soon, the DMV clerk (at Naperville, IL) asked me if I wanted to register to vote. I specifically asked if I needed to provide any proof of my citizenship (as I was not carrying any on that day, my passport application being in process). He said "No". I went ahead, declared myself as an USC on the form and registered to vote.
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Here in TN they have better forms, where you have to write your answers and mark if you are a citizen or not. In IL and on the application I have a copy of, every thing was typed in by the person behind the counter and given to me with my other ID forms to sing. I was only looking at the signature area to put my name. How many of you, read all the disclaimers when you sign a contact or forms at the doctor's office? How many US Born citizens, signed many forms without even knowing what they were signing for? Imagine a new immigrant who speaks little or no English at all, given more than one form to sign and he is thinking he is only getting a state ID.
 
I have been reading more carefully your initial post. I am not an expert on this area, but it seems to me you are in the kind of situation described by "damn if you do, damn if you don't". If you don't provide the additional documentation they ask you for they will certainly deny your application, however if you submit the documents you are shooting yourself on the foot by giving them the ammunition not only to deny your application but perhaps to revoke your Green Card and/or deport you. I don't have any idea how likely any of these worst case scenarios are, but I think it is true that if you give them documents they can then use this against you if they choose to do so. On the other hand you might want to be optimistic, give them the documents and if they clearly show that it was all an honest mistake they might give you citizenship and forget the whole thing. In general I would say it might make sense to search the aila website for a reputable immigration lawyer with experience in this kind of situation.

PS: If you were able to retrieve your voter registration form it might show that you didn't have to say if you were a US citizen and that would be to your advantage. If you checked something saying that you were a US citizen that would go against you. If you removed yourself from the voter lists after recognizing the problem that would go to your advantage, if you didn't then that will work against you. If you voted once that goes against you (I know you mentioned you voted at least once), if you voted many times I would assume it will make things worse. If you just registered and not voted that also goes to your advantage. Anyway, your situation seems to be serious, and although you said you didn't have money for a lawyer I would advise you to get the money from anywhere because it is an important matter. Of course get a better lawyer, the one who was going to write a simple letter is not worth anything.

Good luck.
 
Huracan said:
I have been reading more carefully your initial post. I am not an expert on this area, but it seems to me you are in the kind of situation described by "damn if you do, damn if you don't". If you don't provide the additional documentation they ask you for they will certainly deny your application, however if you submit the documents you are shooting yourself on the foot by giving them the ammunition not only to deny your application but perhaps to revoke your Green Card and/or deport you. I don't have any idea how likely any of these worst case scenarios are, but I think it is true that if you give them documents they can then use this against you if they choose to do so. On the other hand you might want to be optimistic, give them the documents and if they clearly show that it was all an honest mistake they might give you citizenship and forget the whole thing. In general I would say it might make sense to search the aila website for a reputable immigration lawyer with experience in this kind of situation.

PS: If you were able to retrieve your voter registration form it might show that you didn't have to say if you were a US citizen and that would be to your advantage. If you checked something saying that you were a US citizen that would go against you. If you removed yourself from the voter lists after recognizing the problem that would go to your advantage, if you didn't then that will work against you. If you voted once that goes against you (I know you mentioned you voted at least once), if you voted many times I would assume it will make things worse. If you just registered and not voted that also goes to your advantage. Anyway, your situation seems to be serious, and although you said you didn't have money for a lawyer I would advise you to get the money from anywhere because it is an important matter. Of course get a better lawyer, the one who was going to write a simple letter is not worth anything.

Good luck.
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You are right and that is the sad part. I did not remove myself from registry because I had no idea that once you register, it never expires, I thought we must register every time we want to vote and this is why I did not follow up with it.
During my GC interview the officer did not ask me to remove my name from the registry and that did not help either
if there is a chance here, I will take it and go from there. The lawyer who said that I needed a letter explaining what happened and proving to the IO that it was a dumb mistake is the only one I felt was honest with me. All others were telling me these scary things but the only thing they will do is write a letter. He even told me that we cannot go back on time and fix what happened, we just need to make the best of the situation. I honestly think that he maybe right........
 
If the OP's spouse is a US citizen, can his wife sponsor him another green card? Does such unlawful voting estabish permanent inadmissibility?
 
There was an article last year in the NY times mentioning several voters in Florida who were ordered deported for the same thing. You may want to try contacting the lawyer (Jeffrey Brauwerman) in the article to see if he was able to successfully defend them.

http://www.nytimes.com/2008/04/12/us/12naturalize.html

http://www.brauwermanlaw.com/Bio/JeffreyBrauwerman.asp

The possible reason you are getting different answers from lawyers is that they never represented such a case and aren't willing to tell you so. When discussing your case with a lawyer make sure to ask if they have ever represented such a case and what the outcome was. Lawyers are a dime a dozen, but finding the right lawyer for your case is priceless.
 
maslouj, where is your DO (maybe you posted it and I missed it; you may want to update your signature)?

If money for the lawyer is an issue, there are a number of groups that might be able to help you with pro bono or discounted legal services. Here is one link; they may also know of groups in your area:

CUNY Citizenship & Immigration Project:
http://web.cuny.edu/about/citizenship/about-us.html

In general, I agree with other posters here that finding a good lawyer is essential in your case and more important than saving money at this point.
 
natur08 said:
maslouj, where is your DO (maybe you posted it and I missed it; you may want to update your signature)?

If money for the lawyer is an issue, there are a number of groups that might be able to help you with pro bono or discounted legal services. Here is one link; they may also know of groups in your area:

CUNY Citizenship & Immigration Project:
http://web.cuny.edu/about/citizenship/about-us.html

In general, I agree with other posters here that finding a good lawyer is essential in your case and more important than saving money at this point.
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Thank you for your help. I am going to discuss this with the lawyer when I meet him. I have to meet certain criteria to be eligible for pro bono.
I am afraid that the location where I am has not seen too many cases like mine and no one wanted to admit that. I hope this play in my advantage and even the IO won't follow through with deportation process or anything that will distroy my chances for becoming a citizen.
I am in Memphis, TN and I was able to get a list of those free lawyers, but trust me nothing is free.
 
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maslouj said:
Thank you for your help. I am going to discuss this with the lawyer when I meet him. I have to meet certain criteria to be eligible for pro bono.
I am afraid that the location where I am has not seen too many cases like mine and no one wanted to admit that. I hope this play in my advantage and even the IO won't follow through with deportation process or anything that will distroy my chances for becoming a citizen.
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I am having the feeling that your issue will be resolved.
 
formerf1 said:
I am having the feeling that your issue will be resolved.
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My parents and my wife are saying the same thing but I am very afraid no matter how I try to convince myself that what ever happens happens.
I hope my case can be a good lesson for others. No matter what the result will be, I will post it here so I may save other people from being deported. I hate for this to happen to anyone.
 
maslouj said:
My parents and my wife are saying the same thing but I am very afraid no matter how I try to convince myself that what ever happens happens.
I hope my case can be a good lesson for others. No matter what the result will be, I will post it here so I may save other people from being deported. I hate for this to happen to anyone.
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Hello Maslouj

i am reading all your post all day.......am sorry it happen ,....i am suprised IQ didn't say nathing at your interivew ,if you knew that you won't start you Naturalization the first place but don't give up fight untile the end........as every body said you need big time lawyer.

Good luck to you
 
Huracan said:
I have been reading more carefully your initial post. I am not an expert on this area, but it seems to me you are in the kind of situation described by "damn if you do, damn if you don't". If you don't provide the additional documentation they ask you for they will certainly deny your application, however if you submit the documents you are shooting yourself on the foot by giving them the ammunition not only to deny your application but perhaps to revoke your Green Card and/or deport you.
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Yes, it is a tough choice. I personally would just do nothing, and hope that they'll just administratively close the case for failing to respond and they'll forget about it. Because once the documents are sent in, it forces somebody at USCIS to look at the details of the case and make a decision, and that may prompt them to take further adverse action. But it's up to the OP which course of action to take, he is the one who will face the consequences, not me or you.
 
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Jackolantern said:
Yes, it is a tough choice. I personally would just do nothing, and hope that they'll just administratively close the case and they'll forget about it. Because once the documents are sent in, it forces somebody at USCIS to look at the details of the case and that may prompt them to take further adverse action.
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It would seem that the deportation ball starts rolling once you admit to voting in an election on the N-400, not once you send it the documents to prove so. Doing nothing and waiting in the hopes the case will be closed is a risky proposition.
 
Bobsmyth said:
It would seem that the deportation ball starts rolling once you admit to voting in an election on the N-400, not once you send it the documents to prove so. Doing nothing and waiting in the hopes the case will be closed is a risky proposition.
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I agree.
 
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