Want to apply for N-400 but a potential problem

2

2BorNot2B

Registered Users (C)
acquired green card thru marriage to a US citizen. I am due to apply for naturalization now. But now I am in a dilemma, as I had unknowingly registered for a voters card 10 years ago. There is a question on N-400 that asks if I have ever registered to vote. should I lie and say NO, and hope to God that they dont check, should I forget about applying, or Is there another option out there that can help me out?

I have heard that there is some type of form called a "PARDON FORM" or something like that.

Also, if I do choose to say No, and get caught, what could be the consequences?
 
2BorNot2B said:
acquired green card thru marriage to a US citizen. I am due to apply for naturalization now. But now I am in a dilemma, as I had unknowingly registered for a voters card 10 years ago. There is a question on N-400 that asks if I have ever registered to vote. should I lie and say NO, and hope to God that they dont check, should I forget about applying, or Is there another option out there that can help me out?

I have heard that there is some type of form called a "PARDON FORM" or something like that.

Also, if I do choose to say No, and get caught, what could be the consequences?
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Seriously, seek legal help. This may be more complicated than you think. However, a good attorney will be able to help.
 
I second the advice to seek for a good immigration lawyer. In general when one has done something that was not supposed to do it is better to disclose it and provide a letter explaining the circumstances. In general it is better to be open and explain things than trying to hide it. However, this is not legal advice, and I agree again that it is better to seek professional legal advice for your situation. My own opinion is that you should be able to straighten out your situation and get a positive result at the end.

My 2 cents.
 
2BorNot2B said:
acquired green card thru marriage to a US citizen. I am due to apply for naturalization now. But now I am in a dilemma, as I had unknowingly registered for a voters card 10 years ago. There is a question on N-400 that asks if I have ever registered to vote. should I lie and say NO, and hope to God that they dont check, should I forget about applying, or Is there another option out there that can help me out?

I have heard that there is some type of form called a "PARDON FORM" or something like that.

Also, if I do choose to say No, and get caught, what could be the consequences?
Click to expand...

I agree with takadigi and huracan, you need to talk to a good immigration lawer before
you do anything. Falsely claiming to be a U.S. citizen (which registering
to vote might qualify as) is one of the most serious immigration
violations possible and the penalties are pretty draconian.
In 1996 the U.S. Congress passed the infamous "Illegal Immigration Reform
and Immigrant Responsibility Act of 1996". This law instituted pretty
severe penalties for claiming to be a U.S. citizen or applying for any
benefit reserved for U.S. citizens. This makes one permanently
inadmissible to the U.S. and permanently bars one from getting a U.S.
green card.
I don't know if there were any subsequent laws softening these rules, but you really have to make sure that you can avoid any drastic consequences before you file N-400. So talking to a lawer (maybe more than one) is definitely a must.


See some info regarding this issue at:
http://www.usemb.gov.do/Consular/ask/Consequences_of_impersonating_US_citizen.htm
 
add on

when I applied for my GC, why was this not an issue then? I got GC 3 1/2 years ago, and Before that, I had also registered myself.
 
2BorNot2B said:
when I applied for my GC, why was this not an issue then? I got GC 3 1/2 years ago, and Before that, I had also registered myself.
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I don't know. Possibly this could have been an issue then as well if INS found out about it at the time of your GC application. You need to check with a lawer if your GC status may be adversely affected if this info comes out during your naturalization process.
 
2BorNot2B said:
when I applied for my GC, why was this not an issue then? I got GC 3 1/2 years ago, and Before that, I had also registered myself.
Click to expand...

It's very hard for any of us to answer this question. Off the top of my head I guess you didn't mention anything about the voter registration during your green card process. Other than that it is not out of the question that a thing like that might be overlooked because they didn't match your record to the voter registration lists. Anyway, there is no denying that it is a serious issue as shown in the link provided by baikal3. Do things at your own risk. Again, this is not legal advice but it is possible that if you have a good case that your registration was done unknowingly and you didn't vote that you can clear your situation with immigration. However, I wouldn't recommend you to take this action without consulting one ore more good lawyers. U.S. immigration laws, and several of the other regular laws are the most unforgiving of any industrialized nation. The immigration law of 1996 was particularly harsh in my humble opinion.

This is not legal advice(TM)
 
2BorNot2B said:
acquired green card thru marriage to a US citizen. I am due to apply for naturalization now. But now I am in a dilemma, as I had unknowingly registered for a voters card 10 years ago. There is a question on N-400 that asks if I have ever registered to vote. should I lie and say NO, and hope to God that they dont check, should I forget about applying, or Is there another option out there that can help me out?

I have heard that there is some type of form called a "PARDON FORM" or something like that.

Also, if I do choose to say No, and get caught, what could be the consequences?
Click to expand...


Did you actually vote or just applied for the card? If you applied 10 years ago and never used it, 100% your voter card is cancelled and purged from files. you will need to check with a good attorney and check the state web site regarding the cancellation of the voter card.
 
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I never voted. I dont believe it even got renewed. Do you know the website or the phone number to find out about the record of voters card?
 
2BorNot2B said:
acquired green card thru marriage to a US citizen. I am due to apply for naturalization now. But now I am in a dilemma, as I had unknowingly registered for a voters card 10 years ago. There is a question on N-400 that asks if I have ever registered to vote. should I lie and say NO, and hope to God that they dont check, should I forget about applying, or Is there another option out there that can help me out?

I have heard that there is some type of form called a "PARDON FORM" or something like that.

Also, if I do choose to say No, and get caught, what could be the consequences?
Click to expand...
I personally don't believe that you need an attorney for this. Do the following:

1. The place where you registered: Go there and explain. They will ask you to write a letter explaining. Write the letter. Then the voting agency will acknowledge your letter and take your name off the voters list and inform you via letter. Keep this letter.

2. Fill out N-400. Do NOT lie. State yes that you registered to vote. Attach an explanation and a copy of the letter you received from the voting agency.

3. Explain during the interview.

4. If you are nervous you can schedule a consultation with a lawyer, who most likely will tell you to do the same.
 
Whatever you do, I wouldn't recommend lying about it to USCIS. Unlikely as it is, if they ever find out, you could find yourself in removal proceedings.

Since the problem happened 10 years ago, you do have time in your favor. I suggest you include a cover letter detailing how this happened, and also note that you have never voted.

As other have said, you really should seek professional advice before submitting your application.
 
I would be optimistic that with correct handling, you will be OK. However, I do not agree that you might not need a good lawyer. You do.

In a "worst case" scenario, if you filed the N-400 and the process revealed that you had done something seriously incorrect before your GC application, then your permanent residency itself could be at risk. While this risk might be very, very small, why take it?

Even if fairly extensive advice was required from the lawyer, we are only talking about a couple of hundred dollars. While I do not wish to trivialise this expense, surely your future is worth it?

This forum can give you quality and very well-intentioned advice but none (?) of it (including mine) has any legal standing. Your situation has a complexity that most if not all of us are qualified to be too definitive about

Very best of luck; I sincerely hope everything works out just fine.
 
2BorNot2B said:
I never voted. I dont believe it even got renewed. Do you know the website or the phone number to find out about the record of voters card?
Click to expand...

I would say, visit or call your city/state board of election office and explain politely the situation and mention that you never used your voter registration number and listen to what they say.
I think the wrong doing is when you actually vote. Applying for a voter card is a mistake and actually voting is a major problem.
If you didn't vote for two consecutive presidential elections, your card will be cancelled automatically and you will need to apply for a new one when you eligible for do so. Please consult with a good immigration attorney and listen to his advice.

The state board of election in Virginia is:
http://www.sbe.virginia.gov/cms/
You will need to search for the board of election in your state.
 
soo confused

I talked to 4 good lawyers about my case, and now I am really confused. 2 of them said, I should not pursue it, as it might put my GC in jeopardy, and 2 said it wont be a problem, as it looks like an honest mistake. I also went to the voter office and they told me my voter card was cancelled dec. 05. I remember getting called for jusry duty in which I replied, I couldnt because I am not a US citizen. Thay said that is when they had cancelled it. I was told its a common mistake that happens, and should not be a problem. But should I take that chance????
 
How did you apply. It seems like saying "I am a US Citizen" by accident would be hard to do.

However I do remember getting in an argument in a mall with an over zelous "register to vote" advocate soon after I arrived in the US. He kept telling me to register, I kept telling him that I could be deported.
 
flydog

I had registered thru DPT WHEN i WENT TO GET MY LICENCE. There is A SMALL section ON THE LICENSE FORM that I did not completely read, and just signed aND TURNED IT IN. Later found out what I had done, when I got the voters card in the mail. However, Like I said, I never voted, or used the card for any other purpose( I believe only purpose is voting).
 
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