Hi Folks:

While preparing my N-400 application, I came across the question regarding if I have ever registered to vote. Here is my story in Brief.

Reasons I registered to vote in error
1- After many visits from local political candidates to my home, I was highly encouraged to participate in the local elections (Including the Mayor himself)
2- I accessed the USCIS public website to confirm if I had the privilege of participating in our local elections and the website said that as a permanent resident of the United States, I have the right “To vote in local elections where United States Citizenship is not required. “
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

3- When I visited my polling place and was very clear with the election officials at my polling place that I was a “Permanent Resident” and NOT a “US Citizen” . They assured me that it was acceptable.
4- I provided my permanent resident card and my driver license to the polling place and I was told that they only needed my driver license to process the registration application.
5- Election officials filled out the entire registration form and handed it to me to sign.
6- After the extensive verbal conversation that I had with the election officials about my legal status in the US, I assumed that what I was signing was an appropriate form.

Actions taken

1- Upon realizing my mistake, I immediately contacted the City Clerk’s and explained to them the misunderstanding that occurred.
2- I officially requested that I be taken off the voter registration list.
3- I filled out a form at the City Clerk’s office for voter registration cancellation.
4- Through my Employee Assistance Program, I requested legal advice from an attorney and I was told that I needed to attach this explanation to clarify why I answered “Yes” on the form N-400 Part 10: A. 2, 3.
5- Wanting to immediately rectify the error, I personally requested an official meeting with the City Clerk. I asked the City Clerk during the meeting how the election officials could have allowed me to register after a very clear conversation explaining my legal status. The City Clerk explained to me that most probably the election officials did not understand the difference between a permanent resident and a city resident and that they filled out the registration form accordingly.


Please advise as of what to do if you think you can help.

I appreciate the advise in advance.

Wow, I can't imagine doing any more than what you already have done

My wife thinks that I should just send my N-400 but I feel like I need more people's opinions on this so I feel better about what is the right thing to do.

Was that attorney you've contacted specialized in immigration law? If so, I would do whatever he tells you to do.
I would also inquire with the attorney what the chances are that the N400 application could backfire and bring you in trouble
by openly committing to your mistake of having voted as a LPR.
(BTW, did you actually vote, or did you "only" falsely register to vote?)

I actually voted that day. The entire process was like 2 minutes for them to register me and have me voted. As for the attorneys, I am not if I can trust them though. I have this feeling that they are just pulling my leg to get some cash. It is a catch 22

I am leaning towards being honest is the safest way and that INS officers will understand (as human) that it was clearly a mistake and never intended to be against the law. I also can show them that I never voted before when I could have done if I had the bad intentions. My thought was since it was local and the election officials made me do it then how would I have quetioned them? Really confused of what to do yet.

What about a notarized statement from the official that said it was ok to vote, saying he mistakenly adviced you and include that.


What about a notarized statement from the official that said it was ok to vote, saying he mistakenly adviced you and include that.

When I contacted the city clerk I explained to her the entire situation and informed her that I am intending to apply for US citizenship. She suggested that I get a copy of the form that I filled out to cancel my registration and she also thought that would be a good idea for me to send her a letter explaining the situation and officially requesting my being taken off the voter list. She said that will show that I initiated the entire process. I have copies of
1-the letter that I sent to the city clerk requesting registration cancellation
2- my origianl registrsration form
3- a copy of the registration cancellation form

I think this might be very beneficial to have...

They view voting as a non US Citizen to be a serious offence. You will have to mark that down on your N-400 and so they will discuss this with you. Now you obviously didn't try to sneak in votes or anything and clearly it looks like you honestly didn't know at the time that it was unnacceptable. Just tell the IO everything and what you tried to do after you found out. Not sure if you should have a immigration lawyer or not, but yeah this definatly can pose a big problem and have your N-400 rejected...

I assume in the quote, that the poster is suggesting the poll worker(s) that you talked to on election day. If so, I suspect it would be difficult to get something like what is suggested from them. They are typically volunteer, civic minded people, rather than paid government officials. They would probably be mortified that they'd told you something wrong and put you at risk this way.

As another suggestion, you might document the discussion that you had with the City Clerk and ask that he/she sign it as further "proof" of your responsibility and diligence in dealing with the situation. If you keep it concise and non-accusatory (like your posting here) they might be willing to do that, especially since you've already had a productive discussion with them.

Typing it up and asking them to simply assert (by signing) that it represents an accurate record of your discussion with them might help. They might be reluctant if it reflects an admission of guilt on their (poll worker as member of election office process) part, so try to avoid that if possible. Their sensitivity will be (probably) that by admitting fault, they are opening themselves up to a lawsuit if your experience causes you further difficulty in your immigration process. Whether this happens (bringing lawsuit) or not, they will be concerned about suggesting their own guilt. If you frame it as only documenting the immediate discussion, they might agree, because you are telling the story and they are simply admitting to hearing it, not agreeing with it.

The point is to provide another bit of evidence to INS that you've been thorough and engaged others (the election officials) for their guidance.

I'm sorry for your experience this way, but admire you desire to participate in an important part of the democratic process.

You voted in a local election. That in itself is no problem, as long as the election was not restricted to US citizens. What did the voting form state? Did you sign it?



From USCIS

"further difficulty" would be quite the euphemism! Deportation is the normal penalty.

Deportation takes years. "Further difficulty" would first include delays in processing the N-400, *then* denial of the N-400, *then* the beginning of rescission proceedings, *then* rescission hearings including appeals, *then* the beginning of initiation of removal proceedings, *then* removal hearings, *then* an offer of voluntary departure, *then* more removal hearings and appeals, and in two or three years, it may actually include actual removal.

In other words, when they say "further difficulty" there are about a dozen steps between there and actually leaving the country.

This is my question too. I mean it sounds as though you explained yourself fully, identified yourself clearly, and they let you vote...do you recall which election/candidates/offices were involved?

Maybe you didn't do anything wrong! Determine that first before going through any more work trying to prove your innocence.

Hi Everyone:
I finally got frustrated with the entire situation. I today got a job back home in mexico and luckily it is wondeful job. Unfortuanetely I could not stay here in the US so lemme make it short and I am leaing this country forever next month. if there is anything I wanna say here is that I am sorry for those people who have to stay in this country and are paying for somebody else's mistake. This is legislative error and I hope they fix it one day.

Thanks everyone for your support.

Glad you found a good job! All the best for your future!

Anyway, did your N400 get denied? Just curious.

I am curious also about the outcome..........I have followed this thread and thought it can be overcome.

Hi,
I wish you the best in your new Job.

Yes ..I am also curious..I had called an attorney ,,I asked him how come many people who have done this honest mistake of either voting or Registering to vote ...get their 10 year card,are there not any checks for that..before giving the card? He had no answer.
What is so different about Citizenship.Do they even check to see if that person has voted? Are they going to go in every county clerk in the country to check?

well, folks again I really wanna thank you very much for the nice wishes. Again, my understanding is that it does not matter wether you voted or only registered. Both things have same consequenses. I am not sure what a person can do about it once it is done but I was told that it is a big no no and any application will be denied once they find out. As far as the mechanism of how they find out, I have no clue. As if I applied for citizenship, the answer is no. I am not gonna risk 700 dollars for some stupid mistake that I till this moment don't feel guilty about. So I am not gonna do it.