With the upcoming presidential election in November, many civic-minded people are anxious to vote for the candidate of their choice. Of course, the right to vote is one of our most sacred freedoms and is the opportunity when every person’s voice can be heard.
However, only US citizens can vote. If a non-citizen votes in a federal election, it can, in most cases, result in a lifetime ban. As the law states: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.”
I know that sometimes it could be very easy for a non-citizen (i.e. a green card holder, non-immigrant, etc.) to think that it is somehow “OK” to register and vote. For example, many times when a person leaves a supermarket, there are people with clipboards, asking them if they want to register to vote. They are asked a few simple questions, they sign the form and the next thing they know, they receive a sample ballot and the address of their polling place to vote.
A non-citizen could also inadvertently register to vote when renewing his or her driver’s license, as the renewal form has a section asking if a person wishes to register to vote.
Just because somebody outside a supermarket may register you to vote does not make it “legal” for you to vote in a federal election. And it could come back to haunt you. For example, the application for naturalization contains the following questions: “Have you ever registered to vote in any federal, state or local election in the US? Have you ever voted in any federal, state or local election in the United States?” Therefore, if you are not a citizen and registered to vote, or voted, it could create problems for you.
While there are some exceptions to this prohibition (i.e. if the alien permanently resided in the US before his or her 16th birthday and reasonably believed that they were a citizen, or they can prove that they did not act “knowingly or willingly,”), still you will make your life a lot easier if you simply do not register to vote or vote until you are finally a US citizen.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different.
WEBSITE: www.gurfinkel.com
Call Toll Free to schedule a consultation for anywhere in the US: 1- (866) – GURFINKEL
Four offices to serve you: LOS ANGELES · SAN FRANCISCO · NEW YORK · PHILIPPINES
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The information contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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