BIA Finds That Respondent Who Voted in a Federal Election Is Removable Under the INA
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removable under section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA reasoned that because the respondent, an LPR who had disclosed during a naturalization interview that she had voted in an election in 2006 that included a local school board race, had intentionally voted in an election involving candidates for federal office, the general intent requirement of §611(a) was satisfied.
This sad case is one example of how someone’s life was ruined because they were unaware they were violating the law. U.S. immigration law is very complicated. Please make sure you understand the effect of what you have done and what you are signing before you send in any immigration forms. Our office represents clients before USCIS, the U.S. Consulates, Immigration and Federal Courts. If you would like to schedule an appointment to discuss your case will me, please call my office or you can schedule an appointment online by clicking here.