Immigration Consequences of Registering to Vote and Voting as a Noncitizen

With federal primaries and general elections coming in the fall, noncitizens should be especially careful about voter registration and voting. If you are not a U.S. citizen, registering to vote or voting in an election where citizenship is required can have serious immigration consequences, including removal, denial of immigration benefits, and permanent immigration problems.

Voting Can Affect Your Immigration Status

Unlawful voting by a noncitizen can be a ground of removability under U.S. immigration law and can also make a person inadmissible. This can affect applications for adjustment of status, naturalization, and other immigration benefits.

The consequences can be particularly serious for lawful permanent residents applying for naturalization. USCIS considers unlawful voting when evaluating an applicant's eligibility and good moral character.

For nonpermanent residents, unlawful voting can also create significant problems in applications for immigration relief. There is generally no waiver available for the immigration consequences of unlawful voting.

Registering to Vote Can Also Create Problems

Noncitizens should also be extremely careful about voter registration. Voter registration applications generally require applicants to confirm that they are U.S. citizens.

If a noncitizen knowingly signs a registration form falsely claiming to be a U.S. citizen, that statement can create a separate and potentially more serious immigration violation. A false claim to U.S. citizenship can result in inadmissibility and removability, and in many circumstances, there is no waiver available.

Not every voter registration involving a noncitizen necessarily means the person intentionally made a false claim. Registration can sometimes occur because of an administrative error, an interaction with a motor vehicle or government benefits agency, or unauthorized action by another person. The circumstances should be carefully reviewed before taking further action.

What Noncitizens Should Do

If you are NOT a U.S. citizen:

• Review every form carefully before signing it. Voter registration may be offered as part of a driver's license or state ID application, renewal, or address change. It may also be offered through certain public assistance or disability-services offices.

• Do not check a box or sign a voter registration form stating that you are a U.S. citizen if you are not.

• Do not register to vote in federal, state, county, or other elections where citizenship is required.

• Do not vote unless you have confirmed that you are legally eligible.

• If you discover that you were registered to vote, do not assume the issue is harmless. Find out when and how the registration occurred and whether you ever voted.

• If you previously registered or voted, consult an immigration attorney before filing for naturalization, adjustment of status, or another immigration benefit.

Voter registration opportunities may also be available through other government offices depending on the state. The fact that a government agency provides a voter registration form does not mean that every person receiving services from that agency is eligible to register. Federal voter registration rules generally require U.S. citizenship.

Some jurisdictions permit certain noncitizens to vote in specific local or municipal elections. These limited exceptions do not mean that noncitizens are generally permitted to vote in U.S. elections. Always verify the specific election and eligibility requirements before registering or voting.

Get Legal Advice Before Filing

If you have registered to vote or voted while you were not a U.S. citizen, the specific facts of your situation matter. Do not assume that a registration or voting incident will have no effect on your immigration case.

For guidance about voter registration, voting, naturalization, adjustment of status, or other immigration consequences, contact Tran Flores Law at (512) 894-9984 to schedule a consultation.