Registered to Vote and cancelled voter status. Lawyers advised against filing for citizenship

[Nyanna 10]

I was registered to vote by my high school teacher 7 years ago. We were in government class and had to file out the voter registration form. At that time I had no clue green card holders can't register to vote, so I followed his instruction. I remember not checking any boxes indicating that I was a citizen (probably left that blank). My voter status was challenge and cancelled couple years after that. I have never voted in any elections. I contacted the board of elections and got my voter records as proof (status cancelled and no voting record). I contacted two lawyers and both of them says I shouldn't file for citizenship at all. I looked up so many cases of accidental registration and they got their citizenship successfully. I don't know what to do now, I do want to become a citizen and vote in future elections. Should I just file N400 anyways?

[bakphx1 789]

The risk is that it can result in deportation if not approved.  So either outcome is possible but you can’t go back to LPR status if it doesn’t go your way.  It’s an all-or-nothing proposition.

[Allaboutwaiting 2,503]

From what you describe, you wouldn't be removable for unlawful voting -as you didn't vote- nor for false claim to citizenship -as you left the field blank-.

I just searched online for cases like yours, and when filing the N-400, people included the following evidence: proof of cancelation, original registration form and letter explaining the issue. 

 

Hope everything works well for you. Good luck. 

[bakphx1 789]

I will clarify that you can be naturalized but at the same time the risk is there and they are all over the board how they handle this.

[dilip 187]

I do not know the details, but one of my colleagues ( left the company), once filed US patent and company lawyer wrote in patent form , he is US citizen, but he was green card holder, he did get touch with lawyer and got his citizen successfully.    Discuss with a few more lawyers with your documents of proof . 

 

[1] Is it possible to get the original form you filled in 

[2] Did you receive voter registration card?

 

 

[Nyanna 10]

@bakphx1 @Allaboutwaiting @dilip 

Thank you all for replying. I did go to the board of elections and got a copy of original registration form, proof that I never voted and proof of cancellation. The registration form shows that I filled out my name, address , date of birth, driver license number, and my signature. I do not recall ever receiving voter registration card. The lawyers were worried that there may not be discretion under Trump administration. I'm willing to take the risk and proceed but I'm not sure how I should word the letter explaining my situation? 

[Allaboutwaiting 2,503]

52 minutes ago, Nyanna said:

@bakphx1 @Allaboutwaiting @dilip 

Thank you all for replying. I did go to the board of elections and got a copy of original registration form, proof that I never voted and proof of cancellation. The registration form shows that I filled out my name, address , date of birth, driver license number, and my signature. I do not recall ever receiving voter registration card. The lawyers were worried that there may not be discretion under Trump administration. I'm willing to take the risk and proceed but I'm not sure how I should word the letter explaining my situation? 

A simple letter explaining why you filled the form, like:

 

"On [day/month/year], while enrolled in [name of the high school], as part of an assigment for [name of the class] and at the request of [name of professor], I [your name], filled out the voter registration, not checking any boxes indicating that I was a citizen (evidence attached).

On [day/month/year], the registration was cancelled (evidence attached).

Since becoming a legal permanent resident, I have not voted on any local, state or federal election, as evidenced in my records (evidence attached)."

 

Good luck! 

[dilip 187]

3 hours ago, Nyanna said:

@bakphx1 @Allaboutwaiting @dilip 

Thank you all for replying. I did go to the board of elections and got a copy of original registration form, proof that I never voted and proof of cancellation. The registration form shows that I filled out my name, address , date of birth, driver license number, and my signature. I do not recall ever receiving voter registration card. The lawyers were worried that there may not be discretion under Trump administration. I'm willing to take the risk and proceed but I'm not sure how I should word the letter explaining my situation? 

Not  to be political,  the current administration is not going after legal immigration and also USCIS has guideline and will not deprive PR to citizenship if there is no strong case against someone and in your case it is not and they will understand your situation.  Try  to locate the teacher and explain to him and get a letter from him also ( if possible).  Also , if a lawyer who will take your case ( if you would like to hire a lawyer).   Remember taking no risk is the biggest risk of all.  

[Nyanna 10]

1 hour ago, dilip said:

Not  to be political,  the current administration is not going after legal immigration and also USCIS has guideline and will not deprive PR to citizenship if there is no strong case against someone and in your case it is not and they will understand your situation.  Try  to locate the teacher and explain to him and get a letter from him also ( if possible).  Also , if a lawyer who will take your case ( if you would like to hire a lawyer).   Remember taking no risk is the biggest risk of all.  

 

3 hours ago, Allaboutwaiting said:

A simple letter explaining why you filled the form, like:

 

"On [day/month/year], while enrolled in [name of the high school], as part of an assigment for [name of the class] and at the request of [name of professor], I [your name], filled out the voter registration, not checking any boxes indicating that I was a citizen (evidence attached).

On [day/month/year], the registration was cancelled (evidence attached).

Since becoming a legal permanent resident, I have not voted on any local, state or federal election, as evidenced in my records (evidence attached)."

 

Good luck! 

Thank you both for the advice! Much appreciated.

[Nyanna 10]

What should I answer to this question "Have you EVER claimed to be a U.S. citizen (in writing or any other way)?" I didn't check the boxes but I did sign on the bottom of the voter registration card.

[Allaboutwaiting 2,503]

1 hour ago, Nyanna said:

What should I answer to this question "Have you EVER claimed to be a U.S. citizen (in writing or any other way)?" I didn't check the boxes but I did sign on the bottom of the voter registration card.

Yesterday you said you didn't recall receiving a voter registration card (certificate). 

Edited July 20, 2019 by Allaboutwaiting

[Nyanna 10]

12 minutes ago, Allaboutwaiting said:

Yesterday you said you didn't recall receiving a voter registration card (certificate). 

I didn't receive a voter certificate in the mail after filling out the form in class. I meant that when I filled out the voter registration form, I had signed on the bottom of it.

Edited July 20, 2019 by Nyanna

[Allaboutwaiting 2,503]

16 minutes ago, Nyanna said:

I didn't receive a voter certificate in the mail after filling out the form in class. I meant that when I filled out the voter registration form, I had signed on the bottom of it.

Then the answer is "No", as you have never claimed to be a citizen. Try being careful when wording and use accurate terms.

If this happened during an interview, it would be deemed misrepresentation, and would create not just confusion -like now-, but would have serious consequences. 

[xyz12345 260]

1 hour ago, Nyanna said:

What should I answer to this question "Have you EVER claimed to be a U.S. citizen (in writing or any other way)?" I didn't check the boxes but I did sign on the bottom of the voter registration card.

I think by signing that form, you swore that you fit the requirements to register to vote (e.g., USC) even if you didn't check the box. So YES in my opinion. Here's a sample Voters Registration form assuming they're the same everywhere.

 

https://www.nonprofitvote.org/documents/2016/04/filling-returning-voter-registration-forms.pdf/

 

 

That being said, here is one forum conversation that can give you some hope:

https://www.***removed***/forum/usa-citizenship/132884-permanent-resident-registered-to-vote

 

but then again, this was in 2015.

 

If I did what you've done and still want to naturalize, I would apply via paper form so I can explain everything and attach all evidence as suggested by allaboutwaiting. Good luck!

 

 

Just my 2 cents worth.

Edited July 20, 2019 by xyz12345

[Nyanna 10]

4 minutes ago, Allaboutwaiting said:

Then the answer is "No", as you have never claimed to be a citizen. Try being careful when wording and use accurate terms.

If this happened during an interview, it would be deemed misrepresentation, and would create not just confusion -like now-, but would have serious consequences. 

 

2 minutes ago, xyz12345 said:

I think by signing that form, you swore that you fit the requirements to register to vote (e.g., USC) even if you didn't check the box. So YES in my opinion. Here's a sample Voters Registration form assuming they're the same everywhere.

 

https://www.nonprofitvote.org/documents/2016/04/filling-returning-voter-registration-forms.pdf/

 

 

That being said, here are one forum conversation that can give you some hope:

https://www.***removed***/forum/usa-citizenship/132884-permanent-resident-registered-to-vote

 

 

If I did what you've done and still want to naturalize, I would apply via paper form so I can explain everything and attach all evidence as suggested by allaboutwaiting. Good luck!

 

 

Just my 2 cents worth.

I just looked up the registration form also and it says "I declare under penalty of election falsification I am a citizen of the United States, will have lived in this state for 30 days immediately preceding the next election, and will be at least 18 years of age at the time of the general election." next to the signature box. I will write a formal letter addressing everything and provide lots of evidence. 

 

Thank you both!!