Voting Before Naturalization Can Cause you Problems

[Jackolantern]

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.

No, the deportation ball starts rolling if and when USCIS/ICE decides to make it start rolling. If they haven't already done something to start it rolling, sending in documents to bring their attention back to the case and force them to make a decision is likely to prompt them to start it rolling. Whereas if some clerk simply administratively closes the case for failure to receive documents by a deadline, it is possible that nobody with the authority to push the deportation ball will look at or care about the case again.

 

[natur08]

I found many articles talking about issues in voter's registration forms done at DMV in the year 2000. Just click on the link below and read about how Citizenship boxes were checked by employees when forms were singed and returned to them.
http://www.eac.gov/News/meetings/031406/ploneexfile.2006-06-26.2480513360/attachment_download/file
do you think it will help me if I printed these articles and send them with the letter the lawyer will write for me?

I would print them and bring them to the consultation. Let the lawyer recommend what the best course of action is.

 

[Jackolantern]

http://www.eac.gov/News/meetings/031406/ploneexfile.2006-06-26.2480513360/attachment_download/file

Yes, that certainly is a problem. They should require writing the word YES or NO to the citizenship question (Something like "Are you a US citizen? Write YES or NO. _________") instead of simply marking a checkbox. Or have a checkbox, but also instruct the applicant to write the full sentence "I certify that I am a US citizen".

The ineffectiveness of the citizenship box on the registration form can be explained by identifying the major instigators. First is the practice by motor vehicle facility staff of checking the citizenship box instead of allowing the individual registering to check the box. We are working earnestly with the Secretary of State to eliminate this practice. Second is the language barrier. The English language remains an obstacle for many individuals visiting motor vehicle facilities and they just don’t understand what is being asked of them.

 

[thankful]

If the OP's spouse is a US citizen, can his wife sponsor him another green card? Does such unlawful voting estabish permanent inadmissibility?

It is a permanent ground of inadmissibility.

 

[WBH]

Yes, that certainly is a problem. They should require writing the word YES or NO to the citizenship question (Something like "Are you a US citizen? Write YES or NO. _________") instead of simply marking a checkbox. Or have a checkbox, but also instruct the applicant to write the full sentence "I certify that I am a US citizen".

They don't care much about it. The only people who can get direct and tangible benefits are people like the OP who do not care about it either until they already get into trouble.

Life is full of possibility for trouble. Citizen or not citizens we don't know what are ahead

 

[WBH]

It is a permanent ground of inadmissibility.

Unless there exist waver for such inadmissibility, then the case of the
OP is dead. The USCIS should not have granted him a GC in the first place because it was inadmissibile.

So there is no legal cure unless the USCIS just show leniency or simple too
lazy to bother.

If the worse case is almost sure to happen, then the viable option of leaving the USA and resettle in the home country should be seriously considered.
It is not the end of life but beginning of new life. Don't blame yourself too much and try to look at positive side of going home

 

[maslouj]

Here is what I am going to do. I will have this lawyer to write a letter for me and I will make sure I take all the fact into account, I will meet with the other lawyer on Monday for free counsultation and may even show him the letter I'll get from the first one. If he feels good about it, I will mail my documents and whatever happpens happens. I cannot sleep or eat and everyone is stressed out at home. I cannot live like this for longtime, let's face it and put it in God's hands.

 

[formerf1]

I found many articles talking about issues in voter's registration forms done at DMV in the year 2000. Just click on the link below and read about how Citizenship boxes were checked by employees when forms were singed and returned to them.
http://www.eac.gov/News/meetings/031406/ploneexfile.2006-06-26.2480513360/attachment_download/file
do you think it will help me if I printed these articles and send them with the letter the lawyer will write for me?

Did you actually tell the IO you voted in the 2000 presidential election?

 

[WBH]

Here is what I am going to do. I will have this lawyer to write a letter for me and I will make sure I take all the fact into account, I will meet with the other lawyer on Monday for free counsultation and may even show him the letter I'll get from the first one. If he feels good about it, I will mail my documents and whatever happpens happens. I cannot sleep or eat and everyone is stressed out at home. I cannot live like this for longtime, let's face it and put it in God's hands.

For many, that is a good choice. If not sending documents in will hold deportation ball hoping USCIS will make an admisnitration error of closing teh case without further looking into it, you can only take it if you can sleep
in it. If you struggle for the rest of life in USA under fear of deportation,
it may not be a good idea. America is great but it does not mean everyone's home country is hell.

Of course children are a big issue

 

[maslouj]

Did you actually tell the IO you voted in the 2000 presidential election?

No, I told her I voted in 2004 by mistake. I did not expect this to be an issue since it was not during my GC interview so she took me by surprise and I usually freak out and loose my thoughts when I am face with situations like this. I told her and I think I even wrote in my letter explaining what happened that I voted in 2004. I hope this is why she asked me for these documents.

 

[formerf1]

No, I told her I voted in 2004 by mistake. I did not expect this to be an issue since it was not during my GC interview so she took me by surprise and I usually freak out and loose my thoughts when I am face with situations like this. I told her and I think I even wrote in my letter explaining what happened that I voted in 2004. I hope this is why she asked me for these documents.

So the IO made you write a statement there at the interview?

 

[maslouj]

So the IO made you write a statement there at the interview?

No, when you fill out N-400 it tells you if you answer yes to any of these question please include a written explanation.....
I fogot about this and I am glad you brought it up. I need to mention it to the lawyer tomorrow

 

[Bobsmyth]

No, the deportation ball starts rolling if and when USCIS/ICE decides to make it start rolling. If they haven't already done something to start it rolling, sending in documents to bring their attention back to the case and force them to make a decision is likely to prompt them to start it rolling. Whereas if some clerk simply administratively closes the case for failure to receive documents by a deadline, it is possible that nobody with the authority to push the deportation ball will look at or care about the case again.

I disagree. Whatever you declare on the application and at the interview can be used against you. With your argument, it leaves open the possibility that someone who declares a deportable offense on the N-400 and subsequently at the interview may have no action taken against them if they don't submit a requested court or conviction documentation. Before closing a case administratively I wouldn't be surprised if the reasons for doing so are looked into, instead of just blindly closing the case.

 

[maslouj]

The more I speak with you the more I remember and find out. I honestly tought I went to registartion place specifically to register to vote but when I put the facts togther, I remembered that it was at the time of my application for a state ID and I also found out that I did not check or stated that I was a US Citizen, I only signed a form that had a disclaimer saying that I swear or affirm that I am a citizen. When I recieved the card, I thought I must vote. I also found articles about voter registartion in DMV in Chicago that created a mess and I am hoping these things will help my chances.

 

[Jackolantern]

I disagree. Whatever you declare on the application and at the interview can be used against you. With your argument, it leaves open the possibility that someone who declares a deportable offense on the N-400 and subsequently at the interview may have no action taken against them if they don't submit a requested court or conviction documentation.

Of course the possibility of no action exists, when the only deportable offense is voting or registering to vote. USCIS and ICE do not consistently pursue deportation for noncitizens who have illegally voted or registered to vote. Sometimes it ends in denial, and no further action is taken. Sometimes the applicant withdraws the case, and no further action is taken. Sometimes they approve the naturalization if the voting or registration occurred outside the statutory period (as it was in the thread you linked to). Sometimes they deport.

Whatever their criteria is for choosing which cases to aggressively pursue and which cases forget about, I don't know. But they apparently don't have a mandate to pursue deportation for every case like this, so I personally would just do nothing and hope that they forget about the case, rather than sending in any kind of documents and bringing the case back to their attention.

Before closing a case administratively I wouldn't be surprised if the reasons for doing so are looked into, instead of just blindly closing the case.

That may happen anyway, but by sending in the documents one is guaranteeing that they will look at the details of the case again.

 

[WBH]

I disagree. Whatever you declare on the application and at the interview can be used against you. With your argument, it leaves open the possibility that someone who declares a deportable offense on the N-400 and subsequently at the interview may have no action taken against them if they don't submit a requested court or conviction documentation. Before closing a case administratively I wouldn't be surprised if the reasons for doing so are looked into, instead of just blindly closing the case.

JackoLantern suggest a possibility. Either is possible. The OP's current mood is he can not take uncertainty anymore and seem pretty much to go ahead
to get it done with. I guess it is his choice to make

 

[Bobsmyth]

USCIS and ICE do not consistently pursue deportation for noncitizens who have illegally voted..

I assume you are you referring to noncitizens who have declared this on their N-400 application, since this is the scope of the discussion? If so, how can you back up your statement?

 

[Jackolantern]

I assume you are you referring to noncitizens who have declared this on their N-400 application, since this is the scope of the discussion?

Yes.

If so, how can you back up your statement?

This forum and other web sites have examples. You already linked to one. Others I don't have at my fingertips but I'll post links when I find them.


Edit: This person got a denial, but no sign of deportation (yet): http://forums.immigration.com/showthread.php?t=288537

This case was approved after de-registration: http://forums.immigration.com/showthread.php?t=283427

 

[milk]

I am having the feeling that your issue will be resolved.

I think so too. It will be a happy ending at the end of the day. Hang on!!

 

[Bobsmyth]

Yes.

This forum and other web sites have examples. You already linked to one. Others I don't have at my fingertips but I'll post links when I find them.


Edit: This person got a denial, but no sign of deportation (yet): http://forums.immigration.com/showthread.php?t=288537

This case was approved after de-registration: http://forums.immigration.com/showthread.php?t=283427

I was referring specifically to cases where the applicant declared they voted on N-400 application. I doubt someone would come back on this form to claim they were deported for doing so.

In the previous thread I had included a 2002 USCIS memo that guides IO how to adjudicate such cases, so I don't think it's as haphazard as you make it make it out to be.

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