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Permanent resident/ registered & voted 9 yrs ago by mistake . Now want to file N400. Does he fit the 5 years statutory period?

El Monte, CA |

In June 2004, I got my permanent resident card. At local library, election booth offered me to register to vote. I didn’t know if I could as I came to the USA 2 months ago & I don’t even speak Eng./understand. I showed my green card & ID. She said yes you can. I just followed election official told me. I though it’s my duty to USA. I got the ballot & voted in the Presi. Election in Nov.04. Then in 2007 I was filling N400 & saw this question about voting & I stopped & didn’t file the N400. I learned that it was a mistake & read about voting law. & immediately I removed my name from voter registration. So since then I never file N400. I have very good moral standing & I don’t even have a single traffic ticket, or any violation. I have an excellent credit. Now 9 yrs later & I want to file N400?

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Attorney answers 3

Posted

If you file the N-400 stating that you made a false claim to U.S. citizenship and voted in an election there is a high probability that your naturalization application will be denied and you will be put in removal proceedings. There are very few effective defenses to false claims to citizenship charges and no waivers. There may be a possibility of cancellation of removal if you qualify.

YOU MUST SEE A QUALIFIED IMMIGRATION LAWYER BEFORE YOU PROCEED WITH ANY APPLICATIONS TO CIS OR ANY OTHER GOVERNMENT AGENCY THAT YOU MADE A FALSE CLAIM TO U.S. CITIZENSHIP.

Asker

Posted

I never claimed that I am an US citizen and never intended to claim. This voting incident happened within four months of my entry In the US with permanent resident card as my spouse is US citizen. I am also a victim of like thousand other people who follow the county clerks and DMV clerks and fall into this mess innocently. I just followed what the voting official at the library told me and I even showed her my green card and ID. And How do I know because when I landed here and at the port of entry immigration dept never gave me any booklet saying what I can do and what I can't as a permanent resident. I bet that they don't give out. They just send me a welcome letter. bla bla bla. Anyway, I have a very good moral standing, an excellent credit, paying taxes last 9 years, have same wife, a kid and I own a home. I don't have any convictions or violation whatsoever, not even a traffic ticket or even a parking ticket, or accident. Very clean record But this was 9 years ago and I read that when you file N400 they look at your 5 year or 3 year statutory period and if you don't have any convictions within that period which may effect citizenship. In my case Definitely I need an attorney. But I want to know what are my chances if I file for N400 citizenship based on past cases immigration dept may had similar to mine. Is it any guarantee? Or I can live with my green card.

Ronald Jeffrey Tasoff

Ronald Jeffrey Tasoff

Posted

You need to consult with a qualified immigration lawyer in his office (not on the telephone or on the internet) where all communications will be protected and your options can be properly explored. Again, a false claim to U.S. citizenship is a very serious matter. There is considerable case law on the issue as to what is and what is not a false claim. The last case I had on the issue involved a 15 year old who never said or wrote a word (the person driving the car did all the talking). After 2 reviews by the State Department (and a 20+ page legal brief) an advisory opinion was issued in our favor and my client was issued an immigrant visa and was allowed to join the rest of his family who had already moved here. Immigration law is not logical or fair. Beware.

Posted

That is a major problem.

You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

If you informed the authorities about the error, you may be OK.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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