Voting Rights for Green Card Holders is an important way to participate in U.S. democracy, but it’s not a straightforward process for non-citizens, including green card holders. Here’s a guide to understanding it in detail.
Restrictions Voting Rights for Green Card Holders
Currently, in the United States, non-citizens cannot vote in federal elections. If you participate in this process, you could face fines, imprisonment, or even deportation.
Denaturalization Voting Rights for Green Card Holders
- You must be a legal permanent resident for at least five years, with some exceptions:
- The required time is reduced to three years if you are married to a U.S. citizen.
- Some individuals may qualify sooner under specific circumstances.
After becoming so qualified, an applicant can apply for naturalization by completing the application (N-400) of the U. S. Citizenship and Immigration Services. Ensure that you avail yourself for the exam and can answer all questions, are physically present in the U. S, and are of good moral character. It is recommended that an immigration lawyer should be obtained for further representation if you have a criminal case.
Once you apply for immigration to the United States, USCIS will call you for an interview. During this interview, they will test your knowledge of U.S. government and history, and you will also take an English test. If you pass, they will invite you to attend an oath ceremony.
Registering to Vote
You can do this only after taking the oath of allegiance and officially becoming a U.S. citizen.
After your oath ceremony and receiving your naturalization certificate, you can register in federal, state, and local elections. During the ceremony, USCIS will provide voter registration information, and you may receive help from their approved nonpartisan voter registration group. These organizations can assist you in completing the necessary forms and If you don’t register to vote there, you can do so later at locations such as the post office or the Department of Motor Vehicles.
Penalties for green card holders who vote
Green card holders, or lawful permanent residents (LPRs), face severe penalties if they vote in elections where they are not authorized to do so. Here are the key consequences:
Deportation:
Voting in a federal election as a non-citizen can lead to removal proceedings, resulting in deportation. The Board of Immigration Appeals has ruled that unauthorized voting renders individuals deportable, regardless of their intent or knowledge of the law.
Criminal Charges:
Green card holders who register to vote or attempt to vote can face criminal charges, which may include fines and imprisonment. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, penalties can include:
- Fines
- Up to one year of imprisonment
- Deportation
- Disqualification from obtaining U.S. visas or citizenship.
Legal Precedents:
Cases such as the Matter of Fitzpatrick have established that even unintentional voting violations can lead to severe immigration consequences. The law does not require proof of intent; simply participating in an election where citizenship is required is enough for deportation.
Fraud Charges:
Registering to vote as a green card holder is considered fraud, as it involves impersonating a U.S. citizen. This can lead to serious legal repercussions, including lengthy prison sentences, as seen in cases like that of Rosa Maria Ortega, who received an eight-year sentence for voter fraud.
In summary, green card holders must refrain from voting in any elections where they are not eligible, as the risks far outweigh any potential benefits. Engaging in unauthorized voting can jeopardize their immigration status and lead to significant legal consequences.
Knowing when you can vote and following the legal guidelines ensures you can fully enjoy the benefits and responsibilities of being a U.S. citizen. By following these rules, you can help shape the future of the United States through the democratic process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Employment-Based Visa or Non Immigrant Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
