Need Advice and Peace of Mind

[Hypnos 6,576]

Unfortunately it can only be excused (on a case-by-case basis) for naturalisation, not for permanent residence, as the article indicates.

To be completely clear here: a false claim of US citizenship is essentially the worst non-criminal action an alien can perform in the US.

Maybe a lawyer can try to finagle some way through this, but I really would not raise your hopes at all.

[Kaelynath 0]

Unfortunately if you got some mail about it then your application was probably processed, and there will be a paper trail for it.

It's lawyer time.

I'll look into it. Though from what I've read, if I haven't voted and unregister myself as a voter I have a chance at leniency given that it was a mistake and one that I made reparations upon without causing any sort of damage. This is the consensus among a few lawyers, as well as several people whom have been 'accidentally registered' when visiting the RMV despite showing no evidence of being an American Citizen and being advised to register by the official.

[Bonnie&Bob 33]

I had read your post and my immigration lawyer called about 2 mins later. I told her your situation and she said there is away around anything. You registered to vote at 19 but never actually voted. You would have broken the law if you actually attempted to vote so your name would be in the system but that's all. The overstay can be waivered. She said to find an attorney and they can handle issues like these.

Don't give up. Good luck.

[Kaelynath 0]

I had read your post and my immigration lawyer called about 2 mins later. I told her your situation and she said there is away around anything. You registered to vote at 19 but never actually voted. You would have broken the law if you actually attempted to vote so your name would be in the system but that's all. The overstay can be waivered. She said to find an attorney and they can handle issues like these.

Don't give up. Good luck.

Thanks for the inspiring words, Bonnie and Bob. Believe me, I need them with how things have been since I've gotten back. I'll look into getting a lawyer, and perhaps these people I mentioned in the initial post might be able to give me some guidance regarding it.

Though I hate to ask, and likely won't enjoy the answer, but how much (ballpark) would an attorney cost, and how can payments be done toward said costs? As mentioned, I am currently working retail and on a budget until I get back into the US. All of the money I can spare however is being put into the Visa process.

[Harpa Timsah 13,258]

I called the Border about this concern a few months ago, and they were able to confirm that I have no red flags on my Passport. And I even specified that I had registered to vote. That being said, I didn't end up voting. Merely signed up to be able to do so. And that was after the RMV confirmed that I was eligible to sign up for it and pretty well suggested that I do so while I was updating my State ID.

Border patrol is not the agency that confers Permanent Residence, so you were asking the wrong people the wrong questions.

Edited February 18, 2014 by Harpa Timsah

[Kaelynath 0]

Border patrol is not the agency that confers Permanent Residence, so you were asking the wrong people the wrong questions.

Ah. I figured since they were looking directly at the page that would determine if I was allowed into the US or not that it would have some sort of pull to it. I can't believe that all of this is occuring, to be honest. All I'm trying to do is be with the woman I love. I just hope, I really, deeply hope that cancelling my voters registration as many people have suggested will provoke some leniency from the IO when the time comes.

[Harpa Timsah 13,258]

Canada is a great country. Why not have her move there?

[Kaelynath 0]

Canada is a great country. Why not have her move there?

Trust me, You have no idea how much I would love for that option. But the truth is, I can't afford to on the kind of money that I make. I know that I wouldn't have enough to cover the affidavit of support's requirement, at least not without help and I don't know if family help can be considered for that. I don't want to put her into a place where we'll struggle to make ends meet here, but if we have no other option in the end then I guess it's how it will have to be. Just feels like our lives are in the states, especially hers.

[Jawaree 717]

OP do not go with agencies or notaries &,,CBP are more verse on other parts

of immigration and cannot advise on its laws, some tell ppl fill out a form for a

pardon and mail it in , but it just does not work that way, U need an atty (waiver)

get all your docs while in the US including your parents, the atty will sort it out

and deal with the matter, many minors have thought they were USC & claimed it.

This is a case by case issue for an atty to work out, there's curves in your case

4get the agency,if U were signed up to vote but never did, that's good , many young

ppl unkowingly get signed up when election time is in high gear,and ithey're undocumented

or only LPR...I say get marry have her petition U as a spouse and visit u in the mean-time Good luck

Edited February 18, 2014 by Jawaree

[Cathi 5,744]

Just because you never voted doesn't discount the fact that you actually registered, you must be a citizen in order to do so. There are several threads here on VJ you can find in the advanced search that talk about others who were in similar circumstances. I think the ability to register at the DMV should be done away with because dmv workers aren't trained properly enough to know that LPRs can't vote and many LPRs don't really understand that they are not legally entitled to vote. Good luck and keep us updated.

[Bonnie&Bob 33]

An Immigration lawyer will cost between $800-$1200. Payment plans I'm not sure of but call around & find out. You will get a free consultation. Put your cards on the table at that meeting. Every case is different so listening to each one of us with a different solution is not helping to ease your mind. That free consultation will lead you down the right path and get you started with your goal. There is always a way so don't get discouraged. I wish you the best of luck.

[NigeriaorBust 4,087]

You don't need a 1200 dollar immigration lawyer you need at 10,000 one. ( you get what you pay for ) It doesn't matter who encouraged you to resigter it is you that signed the document and somewhere on there you certified that you are a citizen. If you overstayed by more than 180 days you have a bar on reentering and if you enter again there are issues for that also.

[SparklePony 238]

I have no advice to offer, just words of hope. Do keep us posted on your case, and lots of luck!

[h13rma 35]

An interesting read, and likely what happened to you (motor-voter): http://www.usavisacounsel.com/articles/i-am-not-a-u-s-citizen-but-i-registered-to-vote%E2%80%A6-and-even-voted.htm

Really interesting read. I was aware before hand not to tick that box but they do try to get you to fill it out.

[Shiobhan 235]

My friend registered to voted right after starting College

she did not know she could not, eventually the family applied

for citizenship, somehow it came up with her dad that she had

registered to vote, she thought she lived in the USA since young

and she could, her dad was livid, he reported it and explained to

immigration of course taking her to the office, she got her citizenship

about a year later than her parents and brother, and they used no lawyer,

but you should speak to an atty, many even unknowingly tick this @DMV