Noncitizens Should Check Voter Registration Records Before the General Election
Murthy Law Firm
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With the general election approaching, foreign nationals should understand that appearing on a voter roll does not establish eligibility to vote. Lawful permanent residents, individuals in non-immigrant status, and other noncitizens generally may not vote in U.S. federal elections. Voting when prohibited by law, or falsely claiming U.S. citizenship in connection with voter registration, can have serious immigration consequences, including removal proceedings. Federal immigration law makes a noncitizen deportable for voting in violation of a federal, state, or local voting restriction. Those are government allegations, not findings by an immigration judge. USCIS (U.S. immigration agency) also addressed these issues in its August 29, 2025 policy alert , which discusses NTAs and the potential effect of voter registration and voting on naturalization. USCIS guidance says that, when a noncitizen is registered, the person bears the burden of showing that the registration form did not ask about citizenship or that the person did not indicate U.S. citizenship in response. See USCIS Policy Manual, Volume 12, Part F, Chapter 5, Section M . Anyone who has already registered or voted while a noncitizen, or who may have checked a citizenship box in an application, should seek individualized immigration advice before making statements about the matter or filing an immigration application. Because the consequences depend on the exact forms, statements, election, and applicable law, affected individuals should consult experienced immigration counsel.
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With the general election approaching, foreign nationals should understand that appearing on a voter roll does not establish eligibility to vote. Lawful permanent residents, individuals in non-immigrant status, and other noncitizens generally may not vote in U.S. federal elections. Voting when prohibited by law, or falsely claiming U.S. citizenship in connection with voter registration, can have serious immigration consequences, including removal proceedings. Voting and False Citizenship Claims Are Separate Issues Federal immigration law makes a noncitizen deportable for voting in violation of a federal, state, or local voting restriction. A separate provision addresses false claims to U.S. citizenship made for a purpose or benefit under federal or state law, including a claim made to register to vote. A criminal conviction is not required for the government to issue a Notice to Appear (NTA) alleging either ground. An NTA states the government’s charges; it does not, by itself, establi
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