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Lifetime ban - specialized lawyer?

Lifetime ban - specialized lawyer?

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Old Jun 16th 2020, 3:29 pm
  #16  
 
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by lansbury
One thing which isn't clear, to me anyway, did she in fact at sometime claim to be a US citizen, or was she deceived into admitting something she didn't do?
Or a third possibility was she inadvertenly persuaded to do something that she was unaware was deemed to be claiming to be a USC? ..... Such as being registered to vote when she obtained a drivers license, or even voting when she didn't realize that she wasn't supposed to (I hear that some states/ municipalities are registering non-citizens for voting in state/ local elections)?

Last edited by Pulaski; Jun 16th 2020 at 3:37 pm.
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Old Jun 16th 2020, 4:33 pm
  #17  
 
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by Pulaski
Or a third possibility was she inadvertently persuaded to do something that she was unaware was deemed to be claiming to be a USC? ..... Such as being registered to vote when she obtained a drivers license, or even voting when she didn't realize that she wasn't supposed to (I hear that some states/ municipalities are registering non-citizens for voting in state/ local elections)?
I would put those examples under "claiming" even if inadvertently. Oregon DMV, and I suspect, the others who register everyone to vote send notification that they have done so, and instruct if you are not a US citizen to contact them to have the registration stopped, even on renewals. Of course if the notification isn't read! Again with voting I agree people have been caught out as you suggest. But I wondered from catweazle's further post if a piece of paper had been slipped in which was a confession to something that hadn't even occurred.

Just thought there maybe an avenue of hope if the lady was tricked into confessing something she hadn't done, as opposed to something which she did do for whatever reason.
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Old Jun 16th 2020, 4:42 pm
  #18  
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Default Re: Lifetime ban - specialized lawyer?

I would put those examples under "claiming" even if inadvertently. Oregon DMV, and I suspect, the others who register everyone to vote send notification that they have done so, and instruct if you are not a US citizen to contact them to have the registration stopped, even on renewals.
Interesting. I never received such a letter here in GA (surprise) and in fact was at pains to point out when dealing with the DMV before I got USC that I was not a USC and was not, repeat not, eligible to register to, or actually to, vote. I think they got sick of me saying it 14 times during my 10 minute appointment
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Old Jun 16th 2020, 4:54 pm
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by civilservant
Interesting. I never received such a letter here in GA (surprise) and in fact was at pains to point out when dealing with the DMV before I got USC that I was not a USC and was not, repeat not, eligible to register to, or actually to, vote. I think they got sick of me saying it 14 times during my 10 minute appointment. ....
I suspect that native English speakers are often assumed to be American even if their accent isn't local, and I think there is a reluctance by employees and officials to question people on whether they are an American citizen. So in official and government related situations I have learned to volunteer that information - it avoids umm'ing and err'ing, and awkward questions. After becoming a USC I went to inform my bank only to discover that my bank had already recorded me as a USC, apparently from the point at which my account was opened four years earlier!
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Old Jun 16th 2020, 4:59 pm
  #20  
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Default Re: Lifetime ban - specialized lawyer?

Indeed. The loan on my first F150 (the one that ended up totaled by a chicken truck) was only obtained from Farm Bureau Bank because my Insurance agent told them in the application that I was a USC. They don't lend to Immigrants.

I only found that out when I was closing out the loan after the accident
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Old Jun 16th 2020, 5:14 pm
  #21  
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by civilservant
Interesting. I never received such a letter here in GA (surprise) and in fact was at pains to point out when dealing with the DMV before I got USC that I was not a USC and was not, repeat not, eligible to register to, or actually to, vote. I think they got sick of me saying it 14 times during my 10 minute appointment
My experience exactly, also in GA. I had to insist on speaking to a supervisor to stop them registering me to vote.

Now that I am a USC and can vote it is now a question of finding a way to vote and having my vote counted.
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Old Jun 16th 2020, 5:17 pm
  #22  
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Default Re: Lifetime ban - specialized lawyer?

You're in Athens MA, you're literally 30 minutes away.

In fact I did my test in Athens. I prefer that their center is on the bypass rather than in the center of town like Toccoa

I had to insist on speaking to a supervisor to stop them registering me to vote.
At least Athens is a college town and is somewhat used to immigrants. Can you imagine me trying to explain my I-751 extension letter to the hillbillys up in Toccoa? I think they wanted to chase after me with pitchforks!
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Old Jun 16th 2020, 5:42 pm
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by MidAtlantic
My experience exactly, also in GA. I had to insist on speaking to a supervisor to stop them registering me to vote.

Now that I am a USC and can vote it is now a question of finding a way to vote and having my vote counted.
Thanks for the heads up MidAtlantic. We’re in the processes of moving to Athens and one of the first things on the list when we get there is driving licences. We will be sure to reiterate, until understood, that we mustn’t be registered to vote.
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Old Jun 16th 2020, 8:53 pm
  #24  
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by MidAtlantic
My experience exactly, also in GA. I had to insist on speaking to a supervisor to stop them registering me to vote.

Now that I am a USC and can vote it is now a question of finding a way to vote and having my vote counted.
But the illegal part is actually voting in a federal election. I don't believe it is illegal to register to vote (particularly if someone else registers you without your knowledge).
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Old Jun 16th 2020, 9:14 pm
  #25  
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by civilservant
You're in Athens MA, you're literally 30 minutes away.

In fact I did my test in Athens. I prefer that their center is on the bypass rather than in the center of town like Toccoa



At least Athens is a college town and is somewhat used to immigrants. Can you imagine me trying to explain my I-751 extension letter to the hillbillys up in Toccoa? I think they wanted to chase after me with pitchforks!
Hey! I live near Toccoa!

It's John Deere tractors, not pitchforks these days.
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Old Jun 16th 2020, 9:37 pm
  #26  
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by chawkins99
I don't believe it is illegal to register to vote (particularly if someone else registers you without your knowledge).
By registering, you are stating you are eligible to vote. Amoungst other things, you're stating that you're a USC, are old enough, and are not a felon.
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Old Jun 16th 2020, 9:46 pm
  #27  
 
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by civilservant
By registering, you are stating you are eligible to vote. ....
This!
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Old Jun 16th 2020, 9:46 pm
  #28  
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by civilservant
By registering, you are stating you are eligible to vote. Amoungst other things, you're stating that you're a USC, are old enough, and are not a felon.
Not if I was registered without my knowledge or consent. Some jurisdictions allow non-citizens to vote in local elections.
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Old Jun 16th 2020, 9:53 pm
  #29  
 
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by chawkins99
Not if I was registered without my knowledge or consent. Some jurisdictions allow non-citizens to vote in local elections.
If it was "without her knowledge", she also couldn't have been mislead into admitting it. If indeed voting/ registering to vote was the issue, then she must have had actual knowledge to have been able to admit it.
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Old Jun 17th 2020, 6:32 am
  #30  
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Default Re: Lifetime ban - specialized lawyer?

Originally Posted by catweazle
I believe Mr Folinsky once defended a case almost exactly like this one, and won. The defence revolved around the legal concept of "mens rea". That's my understanding anyway, I Am Not A Lawyer (IANAL).
The case was McDonald v Gonzales. Rather than a false claim to citizenship, it was unlawful voting. Voting unlawfully as a ground of removal was added to the law on September 30, 1996 and Mrs. McDonald voted in the 1996 general election.

Key fact in this case is that it was former INSwhich defined the issue as one of Hawaii state law. And it was Hawaii state criminal law which governed.
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