DOH! Need advice on a huge mistake.

[TheWOAT 0]

In 2007, when my wife was getting her drivers license, a voter registration form was attached to the drivers license form... So she filled out the voter reg. form ... on that form there is a question "Citizen: YES NO"...she answered "NO"... months later we recieved the voter registration card along with the voters guide... I didnt think my wife could vote but thought that the County Elections office certainly knows more than I do...

So election comes around february and my wife volunteers at a polling place (Pres. Primary Election along with State Iniatives)... We were skeptical about whether she could vote, so she calls the County Elections Dept and asks if she was eligible to vote... they ask her if she was registered, she says that she was, but she is NOT a citizen, and was wodnering why she is even registered... they just asked again "are you registered", and she said, YES, because technically she was registered... after that, it seemed to us that it was ok for her to vote. She goes to the volunteer training, and asks if she could participate, the person there asks "are you registered?", my wife says YES, but that she isnt a citizen... The response was "If you are registered, then you can volunteer and vote"....sooo the day comes and She is working across town and is unable to vote at the her designated polling location, but while she was volunteering she asks around with other volunteers, most felt that she could vote, hell, she was registered. so she filled out a provisional ballot... on the ballot there was a place to sign her name stating to the fact she is a citizen... she crosses it out and writes in "resident"....

Time passes and the volunteer coordinator calls her to get her to volunteer for the Nov elections... we were talking about it and got the impression that she shouldnt have voted, or had been enrolled at the polling place. Sooo she calls again soon after to the County and explains her situation, that she called before the election, was told it was ok, but still doubted it... So the lady told her again that if she was registered that she could vote, my wife asks her to look into the law, and the county lady came back and said, NO you cant vote.... The county lady asks if she had voted, wife says YES, county lady responded with an audible cringe (aka "DOH!")... the lady looked at the original form, saw that my wife marked that she was NOT a citizen, and the lady said it was a mistake on the countys part and said she would delete my wife from the database or whatever its called...

The story confuses a little, but basically, my wife filled out a registration form, was mistakenly registered, and voted in February... Now we are doing to the paper to remove conditions,and are wondering if USCIS will ask her if she voted... Do we need a lawyer? I assume that we have no choice but to tell the truth.

[sjoefl01 1]

I don't think there is anywhere on the forms that ask whether you voted or not. A mistake was made. That is all. You are allowed to make mistakes here in the US.

[internetkafe 0]

I don't think there is anywhere on the forms that ask whether you voted or not. A mistake was made. That is all. You are allowed to make mistakes here in the US.

A 'mistake' ? Maybe...

But why are not we (residents who know we are not allowed to vote) voting then?

It is a very simple rule.If you are not a citizen you do not have the right to vote.If you speak English you should know it by now.

I hope it does not come up during a naturalization interview...

[Aussielad 37]

time to lawyer up and have a very good consultation.

[CanAmCharlotte 0]

Chances are you won't get an interview and even if you did, it's highly unlikely you'd get this question. I mean if she can't vote, why would they ask her if she did vote.

[TayRivers 4]

This will not have any impact on her removing conditions as it is not asked anywhere. It WILL have a major impact if she applies for Citizenship. Citizenship will be denied if you voted when you were not eligible to vote. check out the N-400 info page. You should seek a immigration lawyer if your wife wishes to apply for citizenship.

[Old Dominion 26]

Relax. Don't even worry about getting a lawyer. If there was an error made, it was made by the elections staff.

[TayRivers 4]

Relax. Don't even worry about getting a lawyer. If there was an error made, it was made by the elections staff.

It is very wrong of you to tell the OP to relax and it is not their mistake. Here is a quote from the USCIS about voting.

Voting

One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting. As a Permanent Resident you can only vote in local and state elections that do not require you to be a US citizen. It is very important that you do not vote in national, state or local elections that require a voter to be a US citizen when you are not a US citizen. There are criminal penalties for voting when you are not a US citizen and it is a requirement for voting. You can be removed (deported) from the US if you vote in elections limited to US citizens.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The OP should check out their options with a immigration lawyer so they know exactly what could or could not happen with regard to their LPR status and any application for Citizenship.

Edited December 16, 2008 by TayRivers

[cherr1980 1]

Even nobody knows if this will can come an issue (which I doubt) during the citizenship process (NOT the removal of conditions as this forum is about), you and your wife should know the difference of "COULD" and "SHOULD NOT"...YOU COULD vote and you kow how when the LAW allows you to do so, but you SHOULD NOT becuase you are not a US citizen.

Stop blaming on the county electorals...actually that is scary...wonder how many "smarty" residents use the same excuse and vote in an election they have no right to vote. Just think in your own country once and asked if you would like that happen in your country of origin, I alway wonder that ppl want stuff in here but their own country of origin would not, duh!

It's a simple rule of thumb! If you can drive but you have not be authorize to have a driver license, you SHOULD NOT drive...is your fault to not follow and just play on the loopholes. But again, this has nothing to do with removal of conditions...at least she marked in everything resident or clarify that she was not a US citzien so is not that she mistakenly said she was a citizen, but sorry she KNOWS pretty well that she had no right to vote, period.

This is the game of "oh I did not know that smoking can cause me lung cancer...but this is not my fault because the grocery store sold me the cigarrettes packs!"...we are adults, be responsible.

[TheWOAT 0]

Even nobody knows if this will can come an issue (which I doubt) during the citizenship process (NOT the removal of conditions as this forum is about), you and your wife should know the difference of "COULD" and "SHOULD NOT"...YOU COULD vote and you kow how when the LAW allows you to do so, but you SHOULD NOT becuase you are not a US citizen.

Stop blaming on the county electorals...actually that is scary...wonder how many "smarty" residents use the same excuse and vote in an election they have no right to vote. Just think in your own country once and asked if you would like that happen in your country of origin, I alway wonder that ppl want stuff in here but their own country of origin would not, duh!

It's a simple rule of thumb! If you can drive but you have not be authorize to have a driver license, you SHOULD NOT drive...is your fault to not follow and just play on the loopholes. But again, this has nothing to do with removal of conditions...at least she marked in everything resident or clarify that she was not a US citzien so is not that she mistakenly said she was a citizen, but sorry she KNOWS pretty well that she had no right to vote, period.

This is the game of "oh I did not know that smoking can cause me lung cancer...but this is not my fault because the grocery store sold me the cigarrettes packs!"...we are adults, be responsible.

Well, first of all, we dont blame the county... The first post was just a timeline of how things went down. I understand your sentiments, and I ultimately it is our responsibility to know the law, ignorance isnt an excuse. My question wasnt about blame, it was about what to do moving forward, but thanks for that awesome smoking analogy

[Jenn! 918]

This will not have any impact on her removing conditions as it is not asked anywhere. It WILL have a major impact if she applies for Citizenship. Citizenship will be denied if you voted when you were not eligible to vote. check out the N-400 info page. You should seek a immigration lawyer if your wife wishes to apply for citizenship.

Agreed.

[mbmw 0]

this will not affect anything

[TayRivers 4]

this will not affect anything

You are so wrong my friend, it can have a big effect on Citizenship.

[cherr1980 1]

TheWoat,

I know...I used to do those analogies. Is not that I am mad...for me it was just common sense issue you know.

Okay so I found that anyway half people here tells you that no worries and the others tell you that you might encounter (your wife) issues. So I looked and found that actually in the N-400 came the question of:

"Have you ever registered to vote in any Federal, state or local election in the United States?" Yes/No.

Now, would be GOOD that you actually check with that official if is true that her information was deleted from "the database".

You may want to consult with an immigration lawyer for your peace of mine. I don't think that anybody here will really can guarantee you of the outcome or if it's true will be an issue to worry about, may or maybe not...but since there is a question about that, then is the same situation of "have you been arrested, convicted, etc"...would be good to have all the information in your side. Did your wife keep something that shows that she put clearly that she was not a US citizen?

See, reading about voting rights in several states pages they used the term "residents" they usually put you must be a US citizen, a resident of the state, at least 18 years old...etc etc. Remember that the word resident does not referred to the immigration term of "Legal US Resident". Yes we all are residents of the place we live...but in terms of immigration there is an authorization on it is not the same term that the electoral officials use.

Good luck!

Edited December 16, 2008 by cherr1980

[DanielParul 50]

It is a mistake, but a HUGE one and can have an impact on naturalisation. USCIS will not take 'it was a mistake' as an excuse. Don't just wait till it gets out of hand. CONSULT A LAWYER NOW so you are better prepared to deal with it later.