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Brooklyn, NY asked in Immigration Law, Election Law and Gov & Administrative Law for New Jersey

Q: Green card holder voted by mistake; risks and next steps?

My friend, a green card holder in the U.S. for 17 years, inadvertently voted in a federal election after receiving a voter ballot, mistakenly believing he was eligible. He has not been contacted by immigration authorities and has cast a vote. Following advice from a paralegal, he is sending a form today to cancel his voter registration and is actively seeking legal representation. What steps should he take to rectify this voting mistake? Additionally, given the circumstances, what are the risks of not applying for citizenship right now, and is it safe for him to leave the country for a visit to his parents?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You should immediately send your cancellation form to your local election office and request written confirmation of deregistration. Keep copies of your letter, proof of mailing, and any written responses to document your corrective action.

Reach out to an immigration attorney to review your file and prepare a statement explaining the mistake for USCIS if contacted. Failing to apply for citizenship leaves you exposed to potential challenges if an issue arises from this vote, and you forfeit the protections and travel flexibility naturalization provides.

You remain free to travel abroad on your green card, but unexpected immigration scrutiny or travel delays could occur without the cushion of citizenship. Secure legal advice before planning travel and carry your deregistration proof when reentering to minimize complications.

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