OPINION-US VISA | IMMIGRATION CORNER – Bawal! Non-citizens cannot vote in federal elections

Only US citizens may vote in federal elections. If a non-citizen (including a lawful permanent resident or green card holder) registers to vote or votes in a federal election, they could be stripped of their green card and/or deported. So, during this election season, do not inadvertently register to vote or vote in a federal election. And it can be very confusing and a trap for the unwary:

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In some states, when a person renews their driver’s license, the form also includes a section offering to register the person to vote. In many cases, people start filling out the form at the top and don’t really check the fine print and inadvertently fill out that section of the renewal form that registers them to vote. They later receive a ballot in the mail and think it’s OK to vote. If it’s a federal election, it could spell trouble or disaster.

In some cities, they allow non-citizens to vote in local elections, such as for mayor, school board, dogcatcher, etc. The problem is that if an election includes federal candidates or measures on the same ballot as the local matters, it could be confusing, and a non-citizen might inadvertently believe he or she is eligible to vote in the federal election and not just for local measures and candidates. If you vote in a local election that includes federal matters, again, it could spell trouble or disaster.

Near election time, people stand outside supermarkets with clipboards offering to help people register to vote. As a person walks out of the supermarket to the parking lot, the person with the clipboard asks, “Would you like to register to vote?” The non-citizen asks, “Am I eligible?” and the person with the clipboard (who may be a young teenager who gets paid based on the number of sign-ups) may say, “Of course!” As a result, a non-citizen may register to vote, thinking it’s allowed, and later actually vote in a federal election.

And the USCIS (US Citizenship and Immigration Services) has access to voter registration records. So, if a person applies for a green card or naturalization, USCIS may be able to discover the person registered to vote or voted in a federal election and therefore is ineligible for a green card, adjustment of status and/or naturalization. Furthermore, it is considered a form of fraud for which no waiver is available.

I’m not trying to discourage any noncitizen from voting where they are lawfully authorized to do so, such as in local elections. But please don’t get confused and accidentally vote in a federal election, because then not even I would be able to help you.

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