N400, have you ever voted?

[warlord 73]

I'm just surprised the person working at the polls allowed her to register in the first place. From what I remember, they need proof of citizenship and such when you register. Or at least I did including bringing in my Naturalization Cert. I guess some people really do overlook things and even though the OP's wife is now in a really bad spot. I also think blame should also be put on the person that allowed her to vote.

I know in some cases people don't really know the rules (they should) about what permenent residents can and cannot do (voting, living outside the US etc.) and you hear this happening all the time.

Unfortunatly eventhough the person that allowed the wife to vote totally screwed up, the wife should have also known this in the first place and now the damage has already been done. Yes they do take this type of offence seriously and it's definately not something that is simple to push aside...

[NickD 203]

Can't even have an election today without someone claiming fraud, this is a perfect example of it where the person that issued that voters registration card is guilty of fraud, and they are suppose to know the law. If there is a glimmer of hope for this couple, would be to pursue in this manner, why was that voters registration card issued in the first place?

See that the woman is from Colombia, as is my wife, but no state is given, ironically, each state has its own election laws. In Wisconsin, no proof of citizenship is needed neither for voters registration or even getting a drivers' license, they take your word on that. But heaven help you if you got caught, for the USCIS, that would be a lie, but at least the question is asked and you have to sign that your response is correct. So you know you are lying.

[phillybogota 0]

thank you all for your replies, we have read a lot of sad stories on the internet about this issue, I am mad myself for not reading everything well when I became a Permanent Resident. We were confused at that time if I was able to vote or not, so we thought we would send the registration, and if I was allowed to vote then they would let me or if not they would deny me. we never thought we were bringing all this trouble upon ourselves. The day I voted, I didnt think my name was going to be there and I thought they would ask more questions but my name was right next to his and they only asked me for my ID, they didnt ask me if I was a citizen. The whole process is easier than applying for a Credit Card. I was kind of excited about it because it was the first time I voted.

I called two lawyers so far, the first one said "wow you are in big trouble, I have never dealt with that, you need a good lawyer" thats it, the second one said "wow why did you do that? " her suggestion was to not apply for citizenship and just wait to see if one day they change the form.

So far what I get from reading on the internet is that if we get a lawyer, his/her job would be to show that I didnt do it trying to get something out of it and we will just have to wait and see what decision they make.

[phillybogota 0]

I dont remember exactly how I got register, i think it was online, I dont remember checking any box where it said citizen YES/NO. I was kind of excited about it because it was the first time I voted.

If it is such big deal to them that voting is the right that ONLY citizens have, then why is it soooooooooo easy??? Thousands of people are getting hurt by this, especally at the DMV.

[Brother Hesekiel 2,236]

I understand where you were coming from, and there's really no point in slapping yourself in the face. We all make mistakes and have to live with the consequences. Life goes on, however.

At this point you have a great status quo: you have an "unlimited" Green Card that you can renew every 10 years without having to prove anything. This is the status you need to preserve. Any move from hereone toward citizenship jeopardizes your status. It's not worth it.

If you submit your N-400 and state you voted, you are guilty of misrepresentation and most likely will be ordered deported. If you state you did not vote, and the comprehensive background check reveals that you are on the voters' database, you are guilty of the same and also will most likely be deported. If you do not submit any new petitions, what you did will fade away into nowhereland and most likely never surface again.

Just enjoy being a resident and, aside from that, in writing ask that your name is being taken off the Voters' Registry. Wait a few years and then check the N-400 form again. It is possible that someday Green Card holders will be able to vote, and at that time the question will disappear from the N-400 form.

[Deputy Purple 1,294]

These might be of some hope for you...

==============================================================================================

212 False Claim to Citizenship

Section 212(a) of Act

Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A of the Act) or any other Federal or State law is inadmissible. Section 212(a)(6)©(ii) of the Act.

A false claim to United States citizenship that is timely retracted might not support a finding of inadmissibility under this ground. Matter of M-, 9 I&N Dec. 118 (BIA 1960) (finding timely retraction where an alien corrected false statements to an immigration officer voluntarily and prior to exposure of the misrepresentation); see also Matter of Namio, 14 I&N Dec. 412 (BIA 1973) (finding that an alien's correction of a false statement made under oath to a border patrol officer, when 1 year had passed and disclosure of the falsity was imminent, was not a timely retraction).

==============================================================================================

9TH CIRCUIT VACATES NONCITIZEN’S CRIMINAL CONVICTION FOR FALSE CLAIM TO U.S. CITIZENSHIP ON I-9 FORM

This also seems to be a common defense to False Claim to Citizenship but it's application in your case will depend on how the Voter's Registration Application is worded. I would suggest getting a copy of the form to see if there is any check box or statement anywhere that says you are attesting that you are a US Citizen.

If not then a good lawyer could probably argue that you hadn't expected your name to be listed as an eligible voter and only voted because they gave you the opportunity. Of course the USCIS lawyer should respond that i's your responsibility to know if you can vote.

Edited July 8, 2010 by Bob 4 Anna

[phillybogota 0]

I called the voter's office and they do have me listed, so next week im going to try to get a copy of whatever they have there.

Right now I am thinking, it is better to leave this alone for some time and as "just bob" said, Ill get removed from the voters list, and check the N-400 in a few years, I really hope it changes!

[NickD 203]

I called the voter's office and they do have me listed, so next week im going to try to get a copy of whatever they have there.

Right now I am thinking, it is better to leave this alone for some time and as "just bob" said, Ill get removed from the voters list, and check the N-400 in a few years, I really hope it changes!

Surprised no one mentioned before of getting off that voters list, including myself. Sure sounds like an honest mistake, another avenue is an attempt to contact your senator or congressman, they have been of far greater help to us than any attorney. I called on behalf of my wife, lived here all my life and know the system far better, but have to tell you, I am dead lost in Colombia.

[phillybogota 0]

Surprised no one mentioned before of getting off that voters list, including myself. Sure sounds like an honest mistake, another avenue is an attempt to contact your senator or congressman, they have been of far greater help to us than any attorney. I called on behalf of my wife, lived here all my life and know the system far better, but have to tell you, I am dead lost in Colombia.

When contacting the senator or congressman, do you have to give your personal info? I am so scared of doing that.

[Leigh Ann 8]

When contacting the senator or congressman, do you have to give your personal info? I am so scared of doing that.

Yes - if you want them to do anything on your behalf. But, you should be able to explain the situation without giving your name/details. In theory, information you give to your congressperson shouldn't be given to the USCIS, but if it makes you more comfortable to seek advice without giving your details, then you should be able to do so. Also, they ask for a privacy release form before they do anything on your behalf so if you want to test the waters with them, just don't give them the release form and ask for advice/guidance/what would happen if you did give it to them.

[NigeriaorBust 4,087]

At this point I would recommend talking to a really good immigration lawyer, Marc Ellis , Heather Pool , Laura Scott. Pay the consult fee and get advise. We can throw code and theory at you but they are the experts. You voted for the president, it isn't like you can say you didn't know it wasn't big thing.

[Brother Hesekiel 2,236]

I urge you to let this go. I would really advise you not to dig into this at al. Tell any Senator or official what you did and you may get exactly what you are trying to avoid. If -- from any side -- USCIS gets word that you voted in a Presidential Election (sorry or not), your Green Card will be revoked. I am 100% sure of that.

Well, it's your game. Good luck.

[Lansbury 19]

I urge you to let this go. I would really advise you not to dig into this at al. Tell any Senator or official what you did and you may get exactly what you are trying to avoid. If -- from any side -- USCIS gets word that you voted in a Presidential Election (sorry or not), your Green Card will be revoked. I am 100% sure of that.

Well, it's your game. Good luck.

Bob has given you the best advice you will get from anyone. Get yourself off the voters list and forget everything else for many years.

[Boiler 45,520]

She voted for Obama, perhaps that will qualify for amnesty?

[Heliosphan 1]

It's really unfortunate but Bob gave you the best advice. At the very least you're not in danger of being removed. Just renew the green card every 10 years which isn't that bad. It can be a million times worse if you try to rectify this.