Legal Question in Immigration Law in California

Yes, that is a big problem. This person is ineligible to become US citizen because of the false claim to US citizenship and unlawful registration to vote (which is only for US citizens).

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I have had a few cases like this one. The USCIS has the discretion to waive "illegal" voting issues such as this, particularly where the applicant for citizenship had a good faith belief that they were, in fact, U.S. citizens. It is significant that there was only a registration, not actual voting. In California, the notice given to prospective voters about the risks of voting when a non-citizen have changed over 20 years. This is also in your favor.

Voter registration is not the exact issue. There are two issues: 1. false claims to US citizenship and 2. illegal voting. Both issues are only relevant to facts which occurred after 1996 when the IIRAIRA law was passed. False claims and unlawful voting which took place before then don't make one removable or inadmissible. So, you don't have to worry about being removed in the process of applying for citizenship.

The next issue, the one which does relate to citizenship, is good moral character over the period of required residence directly prior to the application - three or five years (depending on how you qualified for permanent residence). Since what you did was in the 1980s, the only way it would bear on good moral character for one of these periods would be if you otherwise made false claims or illegally voted - more recently.

You mention one incidence only. Assuming there were no others you should not have a problem naturalizing. This assume you can otherwise prove good moral character. Illegal voting and false claims to US citizenship are not the only things to avoid in order to prove good moral character. There are other things which must have been done as well as other things not done to prove good moral character.

If hired to represent you, I would provide evidence of your good moral character and a very detailed affidavit concerning your voter registration, as well as a copy of the registration itself, if it is available. If it's not available, I'd get proof of that from the voting registrar. Some voter registration forms aren't even a problem when examined carefully. Some people fill them out without making false claims in which case, registering to vote is not evidence of a false claim at all.

This is one of those situations where a person qualifies but if you get a nasty officer, s/he could make your life miserable in the process.

The above is general information, not legal advice and doesn't form an attorney client relationship. For further information, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law and Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization