N 400 and Voting

[Terrones412 1]

hello. I have been searching through the different threads and can't find answers. 

First, please don't just respond with "You are screwed." type responses. They aren't very helpful.

I am just looking for people in our situation and what the result was.

here is the story:

My husband was accidentally registered to vote due to a flaw in the PA Voter Motor system (It was a big issue in PA) in 2000.

He didn't know he was registered until he got a card in the mail.

After his N-400 Interview,  (he marked YES he had registered to vote), he was asked to provide additional evidence.

He went to the Election Office and un registered and got the additional requested info (Voting history, voter reg card, proof of unregistering, voter application)

WHen he looked at his voter history, it states he voted in 2004...Neither he nor I recall him ever voting. He stated to the officer in his interview that he doesn;t  recalled voting. 

He went back to the Election office and requested proof that he voted (Poll Book)..They destroy them after 5 years. 

 

Again, I read a lot of threads with "I think .../ You are screwed" type answers. That's not what I am looking for.

We have since secured a lawyer. 

Just wondering if anyone has been in this situation (not read a news article..I read them too) and what happened. 

Other than this, he has an impeccable record. We are getting character letters from good friends who happen to also be state and local political figures. We are also explaining the situation in a letter. 

Thanks for any help anyone with first-hand experiences is a able to provide.

K

[CarlHamilton 252]

If you have  lawyer, listen to your lawyer. 

[Terrones412 1]

Of course we Will. Just wondering if anyone has had a similar situation and what the outcome was. 

[NigeriaorBust 4,087]

  If it was a systemic issue, especially if linked to fraudulent voting and there are published articles and reports , providing them may help.  Kind of a long shot though

[Russ&Caro 1,549]

Do you know the exact time and date his vote was recorded? If so perhaps you have evidence proving it couldn't possibly be him like an email sent by him while he was at work, with a date stamp. Probably a long shot since it was so long ago, but still worth deconstructing the timeline. Perhaps he was out of town on that date.

[Villanelle 4,122]

When did he get the voter card in the mail? And why did he wait until after his n400 interview to unregister? 

[Terrones412 1]

I am not really sure why we just didn't unregister him. I t was so long ago. I don't think we realized the severity of the whole thing.

[Villanelle 4,122]

Well whats done is done. I do think the suggestion of trying to find some kind of proof he was in a different location and would not have been able to vote may be useful IF you can actually find anything. Im not sure how much you have looked into this or what your attny has advised you (and Im not sure you are going to find anyone on VJ that went through anything like this) but if you read the BIA decisions about this issue- you'll see that the Officer has discretion in these matters. Usually they deny and they can start removal proceedings and it goes to a judge. Loosely speaking courts have found that IF the person did not intentionally register to vote knowing they couldnt and then actually voted (relying on gov saying they can vote) then the act of casting a ballot is not considered illegal. The problem is your husband is taking the position that he did NOT vote and/or he doesnt remember. They have proof (the record) that a vote was cast. So I dont know how successful you will be attempting to argue the vote was not done by him and was some kind of voter fraud. 

What does your attny think? Do they have experience in this? Any statements made in the interview or submitted in a letter trying to explain things will be used in court and the more you argue it wasnt him the harder it is to switch arguments and claim ok maybe it was him but the vote wasnt an illegal act. 

[Terrones412 1]

Thank you for your reply. It was so long ago, we wouldn’t have proof of where he was. We did go to the elections office to get proof of his vote (the poll book which would have been signed). They destroy them after 5 years. So, I’m not really sure how much proof they have. Our attorney is an immigration lawyer, but has never had a specific case like this. He has maintained that he never voted all along. He will continue to maintain that position because it is his recollection. I suppose at this point, we wait and see. Not that I want anyone to be in this situation, just curious if anyone ever has been and what happened. It is quite the unusual one I suppose. Ty 

[geowrian 22,337]

I agree 100% with Damara...they're a very wise member.

The issue is he was actually registered to vote. This is not a bar in itself if it can be shown that this was not intentional. However, records showing he did actually vote is a major issue. Without evidence showing otherwise, this is very serious. Having not unregistered at the time doesn't help either.

Beyond that, this is not a DIY case...listen to your attorney  (so long as you believe they continue to be competent with your case).

Good luck.

Edited September 19, 2018 by geowrian

[Villanelle 4,122]

@geowrian Ive never had someone agree with me 10% !😏

[Villanelle 4,122]

@Terrones412 This is not a very common situation and it is incredibly serious. People have been deported because of this. Im guessing your attny is a local immigration attny- and since you state he never had a case like this...mmm I dont know that hes your best option. Not when deportation is on the table. Try looking up illegal voting and attnys that are blogging about it that mention (bragging) specific cases they had. Immigration court is broken up into districts based on where you live. Sometimes different districts have different view points on issues, so some is going to depend where you live. Find out what district you are in and try to find someone in that district that has had cases like this before. You can contact them and see if they would be willing to take your case pro-bono.

 

Often times attnys will take high profile cases pro-bono because getting BIA decisions can help their career among other reasons. You can also contact a local-ish pro bono immigration group and they may be able to hook you up with an attny familiar with deportation/voting issues. Most of those described as your local immigration attny do not go to immigration court on a regular basis. They mostly fill out forms and accompany people to interviews.

 

Personally I would get a 2nd and 3rd opinion and would be very careful and confident about any further correspondence with USCIS about this. I dont want to see you shoot yourself in the foot. The current administration is very tough on immigration so even though prosecutorial discretion is possible its unlikely. 

[geowrian 22,337]

45 minutes ago, Damara said:

@geowrian Ive never had someone agree with me 10% !😏

I have no idea what you're talking about...it says 100% here (now... ).