On May 27, 2021, U.S. Citizenship and Immigration Services (USCIS) releases a policy update regarding applicants’ registration to vote through a state’s department of motor vehicles (DMV) or other state benefit application process and the effects on an applicant’s good moral character (GMC).
Applicants for naturalization must demonstrate GMC during the required period of time immediately before filing and up to the time they take the Oath of Allegiance. The applicable period of time depends on the section of the statute under which the applicant is eligible to naturalize. In general, the statutory period for GMC for an applicant filing under the general naturalization provision starts 5 years prior to the date of filing. The statutory period starts 3 years prior to the date of filing for certain spouses of U.S. citizens. USCIS may find that certain applicants have not met GMC requirements if they have unlawfully registered to vote or voted unlawfully in the United States.
The National Voter Registration Act (NVRA), often referred to as the “Motor Voter” law, directs states to provide eligible voters with the opportunity to register to vote at the same time they apply for a driver’s license or identification (ID) card at the state’s motor vehicle authority. Consequently, many states have incorporated voter registration into the application for a new or renewed driver’s license or state ID card, and unlawfully registering to vote or falsely claiming U.S. citizenship during this process can adversely impact an applicant’s GMC. The NVRA applies to 44 states. Certain states (Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming) and territories (Puerto Rico, Guam, Virgin Islands, American Samoa) are exempt from the NVRA. Many naturalization applicants have unknowingly registered to vote when they renew their ID or driver’s license.
USCIS seeks to clarify the following:
USCIS will not penalize an applicant who unknowingly or unwilfully registers to vote.
USCIS does not consider an applicant to have unlawfully registered to vote if the applicant did not complete or sign the voter registration (including electronic signature, if applicable) in the motor vehicle or other state benefit application.
USCIS does not consider an applicant to have unlawfully claimed to be a U.S. citizen if the applicant did not affirmatively indicate that he or she is a U.S. citizen. However, if the applicant registered to vote, the applicant has the burden to prove that the registration form did not contain a question about whether the applicant is a U.S. citizen or that the applicant did not indicate, in response to the question, that he or she is a U.S. citizen.
An applicant may be considered to have falsely claimed to be a U.S. citizen for the purpose of registering to vote, and therefore may lack GMC because he or she committed an unlawful act in violation of 18 U.S.C. 1015(f), if the applicant knowingly answered “yes” to a question asking whether he or she was a U.S. citizen in order to register to vote. This may apply even if the applicant’s registration to vote was done simultaneously with the process of a driver’s license or ID card application, or an application for other state benefits.
When you renew your driver’s license, it’s always wise to read the forms before signing affirmatively.
A lot of people stuck abroad have experienced panicking moments in the past two weeks when flights are cancelled and borders are closed due to the #COVID-19 shutdown. In March, 2020, the U.S. Department of State announced that immigrant (IV) and nonimmigrant visa (NIV) appointments at ALL Consulates are suspended due to coronavirus. Many countries are also restricting exiting and entering in order to control spread of the pandemic.
So what does this mean when my visa expires?
These travel restrictions have made family unity and returning to work difficult, if not impossible. Employers are now in the dark with no specific return date for their valued employees and facing uncertainties as to their future needs. Since many visas have a maximum period allowed pursuant to regulation, consular officers do not have the authority to extend visa validity. However, the consular may be able to re-print a visa once travel becomes possible.
Consulates are able to re-issue a new visa provided that all supporting documents, such as police certificates, medical examinations, etc., have not expired. If the supporting documents have expired, the applicant will be required to obtain new copies prior to the re-issuance of the new visa. Applicants will have to contact the consulate for the re-issuance and different consulate has different procedures.
For people who are stuck in the U.S. either on valid visas or during grace period, but are not able to leave the U.S. to return to their home countries, options are also limited. Many have applied to extend or change their status using the Form I-539, but this also comes with a hefty fee. Others are banking on the fact that a brief overstay won’t be too problematic if it is limited to 180 days.
The American Immigration Lawyers Association (AILA) has filed a complaint against USCIS calling for the immediate suspension of immigration benefit deadlines and the maintenance of status for nonimmigrants in the U.S. in light of the pandemic, urging USCIS to extend its filing deadlines so that lawfully present foreign nationals in the United States can maintain status during the pandemic.
While we wait for the outcome of this lawsuit, we urge everyone to stay tuned and take care of yourselves.
In the past few weeks, we have seen naturalization interviews being scheduled on short notices at local USCIS offices and if the applicant passes the interview, he or she will be sworn in as an U.S. citizen right away.
If you are a MAVNI soldier waiting for BCT or background checks, and has not yet applied for naturalization. Please do not hesitate to contact an experienced immigration attorney to file your naturalization application, or alternatively contact The American Immigration Lawyers Association (AILA) Military Assistant Program.
On January 5, 2018, United States District Court for the District of New Jersey granted the U.S. government request to denaturalize Defendant Baljinder Singh a/k/a Davinder Singh. [Civil Action No. 17-7214 (SRC)]. Defendant had an in absentia deportation order from the United States under a different name than the one he used to secure his green card. He also failed to disclose his immigration records and alias on his N-400 naturalization application.
Recently, U.S. Department of Homeland Security (DHS) identified a large amount of missing fingerprints in its centralized database, and some had undisclosed criminal records. DHS will continue to seek denaturalization of U.S. citizens who obtain citizenship unlawfully. The agency has stated its intention to refer approximately an additional 1,600 cases for prosecution. Natural-born U.S. citizens may not have their citizenship revoked against their will. However, it is different for naturalized citizens. It is rare for a naturalized U.S. citizen to have his or her citizenship revoked, but it does happen.
U.S. citizenship carries its value and importance and taking it away is never treated lightly. So how can the government take away your U.S. citizenship? In a denaturalization proceeding, the U.S. Government has a heavy burden of proof . The law provides for the denaturalization of U.S. citizens whose citizenship orders and certificates of naturalization were “illegally procured or were procured by concealment of a material fact or by willful misrepresentation.” The U.S. government must present “clear, unequivocal, and convincing” evidence justifying revocation of citizenship. The Supreme Court has enumerated four independent requirements for denaturalized:
The naturalized citizen must have misrepresented or concealed some fact;
The misrepresentation or concealment must have been willful;
The fact must have been material, and
The naturalized citizen must have procured citizenship as a result of the misrepresentation or concealment.
In short, citizenship could be taken away if the government can prove by clear and convincing evidence that Defendant procured citizenship through illegal means and willful misrepresentation.