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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105647
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Someone with green card that vote without having the knowledge

Customer Question

Someone with green card that vote without having the knowledge that he should be a citizen before he can vote what is he suppose to do while filling for naturazation ?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


How did the person vote? Did they register? In what type of election did they vote?
Customer: replied 3 years ago.
Voters registrar came to my house and just registerd my name and tell where to go and vote now that I want to fille my citizen someone told me is a federal crime am finished I don't know the way out can't even eat as am talking
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
Did you vote or you just registered? Did you read what you filled out? Did it ask if you were a U.S. Citizen? And what city and county and state did this happen in?
Customer: replied 3 years ago.

Register in the house and told where to go and vote this is last presidential election

Customer: replied 3 years ago.
Registered me in my house and told me where to go and vote and this is this last presidential election
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
But did you actually vote in the election?

And in what city and state did this happen?
Customer: replied 3 years ago.
Yes Raleigh nc
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
Then you cannot ever apply for U.S. Citizenship. If you did, not only would you be denied U.S. Citizenship, but you would most likely placed in removal proceedings for deportation. Take a look at this link:

http://www.ncsbe.gov/content.aspx?id=1&s=1

As you see, it says that you must be a U.S. Citizen to register to vote in North Carolina. So somehow, someway, you filled out and signed the form and stated that you were a U.S. Citizen. I am truly sorry. I understand that this was not your intention, but you will not be able to prove that. So until the law changes, you should not apply for U.S. Citizenship. I wish I had better news for you, but it is one of the hardest laws that we have in this regard. I am glad that you came here to ask because at least now you know to avoid trying to get U.S. Citizenship so that you are not deported.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
It is important that you rate me positively and not blame me for bad news. Because of the information that I have given you, you now know how to protect yourself from being deported. You have made a false claim to U.S. Citizenship even though it wasn't your fault or intention. USCIS doesn't care because I don't think you will be able to prove it. There are 4 things in U.S. immigration law that have no forgiveness, that not even a U.S. Presidential pardon works, and those are fraud marriage, trafficking of a controlled substance, money laundering and false claim to U.S. Citizenship. A person who falsely represents or has falsely represented him- or herself to be USC to obtain benefit under INA, federal, or state law is removable. This section applies to representations made on or after Sept. 30, 1996. IIRIRA §344(c). Congress has provided an exception and a person will not be subject to deportation or removal if:


(1) parents were or are USCs; (2) the person permanently resided in the U.S. prior to 16; and (3) the person reasonably believed at the time of making such representations that he or she was a USC.


Here are a few links to cases so that you do not have to take my word for it. You can see if for yourself:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40276.html

http://www.nilc.org/immsemplymnt/ircaempverif/irca058.htm

http://bulk.resource.org/courts.gov/c/F3/490/490.F3d.396.05-60980.html

http://ca10.washburnlaw.edu/cases/2006/05/05-9508.htm

http://www.ca8.uscourts.gov/opndir/08/06/071370P.pdf



I ask that you please not blame me for the bad news. This is not my fault and I have given you information so that you can protect yourself. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

Hello. It looks like you are seeing my responses but you are not responding. Are you having technical difficulties? I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!

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