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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106806
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Am living in PA 9 1/2 yrs at the present and just applied my

Customer Question

Hi, am living in PA 9 1/2 yrs at the present and just applied my naturalization and passed the test but not knowing 8 yrs ago I got myself regitered to vote at the Dept of Transportation through "Motor voter" and I voted several times coz I have no idea back then that being an immigrant is not allowed to vote yet because of my lack of knowledge of american laws. My status got on pending and denied. The Immigration sent me a denial letter and I am going to appeal my case. What are my chances to figth my case?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I came here to the US with fiance visa back in June 2006. Got married before my 90 days expires. On Nov. 16, 2006 went to get my state ID at the Dept. of transportation and I click the box asking me if I want to vote and with the knowledge of my huaband, he said I will click "Yes" because he thought that I am eligible to vote since I am married to a US citizen and so I listen to him and after few weeks, I got my voter's id and I voted on the following year 2007 untill 2011. And when my husband passed away, I stop to vote in 2012 since I moved in into my new place and never been back to vote since then and I thought it is ok that I don't have to vote then and didn't even think to take off my name on the voting list because I was clueless about the laws regarding voting issue. Aug 2012, I went to take my naturalization test and I passed but the officer put my status on pending because I am just being honest on my application that I indicate that I am a registered voter and voted. I recieved a denial letter that they denial my petition and I will going to appeal my case within 30 days. What are my chances on my case?
Expert:  Phillips Esq. replied 1 year ago.

Regrettably, your chances of prevailing are very little. It does not matter that you did not know that you are not supposed to vote when you voted. Ignorance of the law is not a valid defense, unfortunately. The denial is unlikely to be overturned and you may be subject to removal if USCIS (Immigration) refers the case for prosecution. For more information, click on the link below:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

Customer: replied 1 year ago.
what are my chances? Since I start working in 2007, I’ve been paying my taxes, no law offense and not even have a speding ticket or DUI's. And I have no bad records at all and I don't have no bad intension to ur myself at any risk. I just followed what my husband was told me since I was new to this country because he believed that I am allowed to vote and they let me vote when I went to cast my first vote back in 2007 without questioning me if I am a US citizen or not. Why is that?
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the additional information.

I do not have anything else to add. So, I will opt out and give another Attorney the opportunity to comment on your case.

Best wishes,

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, I agree with my colleague. The facts are that you did vote even though you did not know that you were not supposed to. Ignorance of the law is not an excuse. If you appeal, you will waste $620. Better to leave it alone, wait and hope that they do not try to deport you or prosecute you for illegal voting which is a crime. If you can avoid a deportation, you can try to apply again when more than 5 years have passed since you last voted which was in 2012 and at that point try to prove that it was your husband's fault and that you did not know and it was not intentional from your part. I am truly sorry. I wish I had better news for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
I came in US on June 2006, got registered myself at Driver's license center 5 months after I arrived here through getting my state ID with the knowledge if my husband. Since he is a US citizen, I listen to him of what he told me that I can registered and vote. After a few weeks, I got my voter's ID then the following year I went along with my husband and I cast my 1st vote without questioning me at the precient. If I only knew that it will cause me into a big problem, I could have not done it and I believe that my husband would not let me or put me into this kind of situation if he only knew it.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I understand the story, but at this moment USCIS won't care. You will waste money in appealing because they are correct with their application of the law. You did register and you did vote and that has caused your denial. If you can avoid a deportation and prosecution, then apply for U.S. Citizenship again after 5 years have passed since the last time that you voted or maybe you should even see if you can unregister to vote and then wait 5 years after that. Then you can tell your story to the USCIS officer to try to prove good moral character. I think to try to do that now would be a waste of $620.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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!

Customer: replied 1 year ago.
My vote is not intentionally.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I understand that. I have told you twice that I understand that. Unfortunately, USCIS doesn't care about that. My answer is still the same. Do not waste money on an appeal. Pray that they do not place you in Removal Proceedings, ask the voters registration to remove your registration, and then apply again for U.S. Citizenship when 5 years have passed. I know this is not convenient, but I am trying to keep you out of trouble because I care. If I didn't care, I would tell you to spend the $620 on an appeal even though I am pretty sure you will lose it and waste your money. If you have money to burn and you don't care about money, then do the appeal, but I just want to be honest with you. Please don't leave the website without leaving a positive rating for me. Please rate me on my honest and professionalism.

Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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