choochoo

hi all, to those who have a similar exprience, i would really appreciate the advise.

my best friend is a greencard holder. he is now eligible to apply for naturalization. but one thing is holding him back.

5 years ago when he arrived USA, he went to DMV 4 weeks after his arrival to apply for a drivers license. upon applying for the drivers license he presented his foreign passport and greencard. he was offered by the DMV employee to register to vote. He signed the application that was presented to him by the DMV employee.

in the first quarter of this year, he received an "election mail". He contacted his local board to verify his status. it is then that he realized that he is a registered voter. (and that happened at the dmv 5 years ago). he immediately terminated his registration from the local board. he never voted.

problem is, there is a question in the N400 that asks if one has ever registered to vote. He knows that he is suppose to answer YES to the question but he is so worried that uscis might take it against him. it was a mistake on his part signing the registration. can he still be charged of misrepresentation? are there grounds for removal in his case? should he proceed with the application for naturalization?

thank you and my friend and i would really appreciate advises.

anotherlimey

Honesty is the best policy.

Besides, they probably have a way to look it up anyway, and this friend of yours would have to explain why he ticked 'No' and not 'Yes'.

penguinsix

Honesty is very important. If he fills out an explanation that he did so somewhat unawares and when he realized what he had done took steps to unregister, that will be taken into consideration. If you have any paper when that happened it would be good to produce that as well.

If he clicks no and gets caught, than he's guilty of immigration fraud. No soup for you.

Norri

I also vote for honesty.
It seems from what you say that it was a genuine mistake, he didn't actually vote and cancelled when he realised what had happened.
Much better to come clean than get caught out in a lie later.

ian-mstm

Then that is exactly what he should do.


They might, yes! But if he lies, and is caught... he risks a permanent ban from the US.


Can he? Yes. Will he? Very highly unlikely.


I don't believe there is grounds for removal. Grounds to deny a naturalization application perhaps... but worst case scenario here... he remains a PR and has to renew his GC every 10 years.

Ian

Folinskyinla

Hi:

This is an issue of personal interest -- the only published case on unlawful voting since it was added to the law in 1996 is McDonald v Gonzales

http://www.ca9.uscourts.gov/ca9/newo...df?openelement

Note who the McDonald's attorney was in the 9th Circuit. [BTW, I always give credit to Bow Mun Chin in Honolulu who tried the case before the Immigration Court. He gave me a perfect record to work with -- it made my job a lot easier].

The Immigration & Nationality Act is kind of schizophrenic. Unlawful voting [which you did not do] is a ground of removal but is not a bar to naturalization. So, CIS is given two choices -- let you naturalize or initiate removal proceedings.

Please note that if you are placed in removal proceedings before you have had your green card for seven years, your problems may be insurmountable.

The citizenship claim provisions do refer to "false" claims provision does have the word "false" in it and a "for purposes of" clause also. It appears to be quite narrower than the unlawful voting provision.

I suggest strongly that you contact an experienced immigration lawyer who can somewhat confidently speak about the subject. Please note that the issues are somewhat fuzzy -- I get contacted by lawyers across the country for chats because I was McDonald's attorney.

However, although McDonald was briefed on very broad arguments, it is actually a very narrow decision and really does not rule on the Immigration & Nationality Act. It is actually a very conservative decision limited to Hawaii law -- which is what the former INS chose to base their case on.

Good luck -- but do wait until you have been here at least 7 years after entry to the United States, at least 5 of which were as a lawful permanent resident.

Tracym

Sorry, I'm a bit confused on one thing:

You refer to problems being possibly insurmountable if he's placed into removal proceedings before having had a green card for SEVEN years...

Then you say wait until he's been here for seven years, but LPR for FIVE (same as having green card I believe)...

Does he need to wait until he's had the green card for sevn years, or five?

choochoo

thank you very much sir.

advise appreciated so much. does this mean that if my friend waits for at least 7 years before filing for the n400, he will be safe from being placed in the removal proceedings? does this mean that, his, correcting or corrected the mistake does not have any sense at all?

thank you.

MsElui

I read it that there are no guarantees - but if he waits the 7 years then the chances are much better.

Tracym

I read it that if he files before 7 years, he is liable to be screwed for sure.