Naturalization Denial for Illegal Voting

Memorandum on Request for Hearing on Naturalization Denial


On or about January 2007, the client filed, pro se,Form N-400, Application for Naturalization. Under Part 10, Additional Questions, she answered “Yes” to Question #2 which states, “Have you ever registered to vote in any Federal, state or local election in the United States?” The client further answered “Yes” to Question #3 which asks, “Have you ever voted in any Federal, state or local election in the United States?”

On October 9, 2002, Mrs. Liunto-Costa went to the Chester County Division of Motor Vehicles to renew her driver’s license. While renewing her license, the clerk provided Mrs. Liunto-Costa with a voter registration card and stated she was eligible to register to vote. Based on the representations of the clerk at the Division of Motor Vehicles, Mrs. Liunto-Costa reasonably believed she was eligible to vote under Pennsylvania law.

On May 12, 2008, the client received a denial of her application for naturalization on the grounds that she lacked good Moral Character pursuant to 8 CFR § 316.10.

Attached is the brief that was presented to the Tampa USCIS office and as a result the client was ultimately granted Naturalization to the United States.

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Reference Info:Federal, 11th Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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