DOH! Need advice on a huge mistake.

[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.

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.

Yes, but she did NOT vote in a federal election. She voted in a presidential primary in February where some state issues were also on the ballot. A presidential primary is governed by the regulations of a political party. Voting on state issues is governed by state regulations. To repeat, she has not violated any federal law.

[TheWOAT 0]

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.

Yes, but she did NOT vote in a federal election. She voted in a presidential primary in February where some state issues were also on the ballot. A presidential primary is governed by the regulations of a political party. Voting on state issues is governed by state regulations. To repeat, she has not violated any federal law.

Hmmm, I look into that. This election did include State Propisitions, Local measures, and the Pres Primaries.

[TheWOAT 0]

Ill be asking a lawyer anyway, but I did thumb through the CA elections code, no mention of different requirements for voting... The only requirements (aside from Not being a convict or insane) were to be 18+ yrs old and a citizen. I doubt it that just because it was for the primaries it makes it less of a crime. Thanks for the idea though, Ill definately bring it up to a lawyer.

[cherr1980 1]

Im glad you find information on your own and more info from the officials.

Sometimes people just panic and to be sincere, unfortunately society has become more Apocalyptic. Of course there are mistakes to avoid, but death -so far- is the only issue that has no remedy.

Feliz Navidad y Prospero Año Nuevo a tu familia.

Cherr

Ill be asking a lawyer anyway, but I did thumb through the CA elections code, no mention of different requirements for voting... The only requirements (aside from Not being a convict or insane) were to be 18+ yrs old and a citizen. I doubt it that just because it was for the primaries it makes it less of a crime. Thanks for the idea though, Ill definately bring it up to a lawyer.

[*JG* 2]

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.

I wouldn't worry about it. Honest mistake. No need to make it bigger then it is. They don't ask that on the forms and she probably won't have an interview. If she does and they happen to ask that question, answer it honestly. Nothing to hide.

Unless she is the Kevin Costner swing vote, it makes little difference anyhow.

[Gary and Alla 3,694]

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.

OMG you do not need a lawyer! She did nothing illegal and no one will know about it. If they ask say YES!!!!!!!!!!!!!!!

There is NO provision in the US constitution that you be a citizen to vote! Don't believe me? Read the constitution. If she violated anything (not likely in any criminal manner) it is a state voting regulation, NOT a federal law or violation of federal voting regulations. Since there is NO federal violation and the state has not made any effort to prosecute her, there is nothing to worry about. It is about as monmumental as a parking ticket...if even that much.

Just a couple of other things...

NO ONE has a "right" to vote. It is determined by state legislatures. A state could decide they will o longer have votes and just let the dogcatcher decide who will get the electoral votes for that state. Representatives as chosen as the state legislature decides. Laws giving woemn the "right to vote" did nothing of the sort. They imposed a federal restriction on the limits states can impose, THAT IS ALL. IF a state has voting, they cannot restrict women, minorities or charge a poll tax, but they do not have to have elections AT ALL.

To my knowledge (I could be wrong as there are fifty of the things) all states require voters to be citizens, but the US constitution definitely does NOT.

[motu 5]

TheWoat: I agree with your approach. Apply for removal and see what happens - later on decide on the citizenship issue (hopefully with an immigration attorney's advice) - if all else fails move to Mexico - or else come live with me and my wife (and a couple of dogs) - we plan on moving out of the USA eventually and settling in Colombia (hopefully in a year or two).

You are most welcome even if you speak what we don't understand - as long as you like some beer and some chillean red wine (they are available aplenty in Colombia and are pretty good). Ignore the idiots on this site and do what's best for you. Good Luck

[M. 0]

I have no idea why people are telling you it's not a big deal and that you don't need a lawyer -- it is a big deal and you do need a lawyer. There was even an NYTimes article last year about PRs being deported for various infractions they did not know were against the law, and one of them was voting as a PR.

As others have pointed out, it won't come up at RoC, but it will if she naturalizes.

Please keep us up to date about what the lawyer says, and good luck!!!

[lucyrich 20]

If she violated anything (not likely in any criminal manner) it is a state voting regulation, NOT a federal law or violation of federal voting regulations. Since there is NO federal violation and the state has not made any effort to prosecute her, there is nothing to worry about.

On this point, you are wrong. There are federal laws regarding the matter, including immigration inadmissibility laws. See INA 212(a)(10)(D), and/or INA 212(a)(6)©(ii). Also see 18 USC 611 and 18 USC 1015.

I'm not saying it's a foregone conclusion that any or all of those laws were violated, but it seems arguable that at least one or more might have been. Because the potential consequences are so serious, this is a long way from "nothing to worry about."

For guidance, see AFM appendix 74-9.

[sj5 4]

I'm registered voter too. As resident, I can vote for county and states only. I read their voter registration forms.

[sj5 4]

I'm registered voter too. As resident, I can vote for county and states only. I read their voter registration forms.

I mean state of California