Legal Permanent Residents Facing Deportation for Voting?

December 05, 2010

The highly publicized case of New York resident Joseph E. Joseph is drawing attention to the unusual plight of some of America's legal permanent residents. Mr. Joseph learned the hard way that just because you have a green card does not mean you have the right to vote. In spite of the fact that Mr. Joseph has been in America since 1984, he is now facing deportation for a violation of United States' voting laws.

Mr. Joseph's situation is sadly not unique. New York's Legal Aid Society reports they have seen a number of nearly identical cases in recent years. The cases involved people who, like Mr. Joseph, assumed that they were doing their civic duty by registering to vote. These people had no intent to violate the law, and yet, ironically, their civic-mindedness could be the very thing that keeps them from achieving the dream of American citizenship.

The United States Citizenship and Immigration Services' (USCIS) official policy is that even though they do not provide specific guidance or information about voting to those seeking green cards, prospective permanent residents who carefully read the federal voter registration form will see that only citizens should apply. Some local governments do allow permanent residents to vote in municipal elections, but that registration is separate for the one granting permission to cast a ballot in a state or federal election.

In order to avoid derailing your dream of citizenship, you need to know and understand the rules about voting. If you are unclear about what you can and cannot do as a permanent resident -- or you have questions about visas or other immigration-related issues -- seek the counsel of an experienced immigration law attorney in your area.

Article provided by Schunk Law Firm P.C.
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