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1. Unlawful Voting and False Claim to U.S. Citizenship​ for Voting​

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An applicant may fail to show GMC if he or she engaged in unlawful voting or falsely claimed U.S. citizenship​ for voting​.​[55] In September 1996, Congress enacted legislation to address ​unlawful voting and false claims to U.S. citizenship for purposes of registering to vote or voting.​ [56]
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•A noncitizen who is convicted of unlawful voting may be fined, imprisoned up to one year, or both, and subject to removal.​ [57]
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•A noncitizen who is convicted of making a false claim to U.S. citizenship​ to register to vote or vote ​may be fined, imprisoned up to five years, or both, and subject to removal.​ [58]
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The officer ​may​ ​request the applicant to provide a sworn statement ​regarding his or her​ testimony on​ illegal voting or false claim to citizenship ​for voting​. The officer ​may also require an applicant to ​obtain any relevant evidence, such as ​the​ voter registration card, applicable voter registration form, and voting record from the relevant board of elections commission.​
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The table below serves as a quick reference guide on the effect on GMC determinations by unlawful voting or for false claims to ​U.S.​ citizenship. Further guidance is provided below.​



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Effect on GMC by Unlawful Voting or​
False Claim to ​U.S.​ Citizenship in Statutory Period​
Offense​ Penalty​
if Convicted​		 Effect on GMC ​
If Convicted​ If Imprisoned​ If Not Convicted​
False Claim to Citizenship​
18 U.S.C. 1015(f)​]		 May be fined or imprisoned up to 5 ​yrs​, or both​ CIMT and will bar GMC (may be a felony)​

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Offenses without Convictions​
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An officer may find the applicant to lack GMC if the applicant was not convicted of unlawful voting or false claim to citizenship​ for voting​. The officer should consider the totality of the circumstances and weigh all favorable and unfavorable factors of each case, to include whether the applicant qualifies for an exception.​
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An applicant may only have engaged in unlawful voting if his or her conduct was unlawful under the relevant federal, state, or local election law. The officer should consider the controlling statutes in cases involving potential unlawful voting offenses, because some local municipalities permit ​[COLOR=#000000 !important]lawful permanent residents (LPRs) ​or other noncitizens to vote in municipal elections.​[/COLOR]
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The officer does not need to focus on the underlying election law for false claims to ​U.S.​ citizenship. An applicant may be considered to have made a false claim to U.S. citizenship if the following conditions have been met on or after September 30, 1996.​
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•The applicant actually falsely represented himself or herself as a U.S. citizen; and​
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•The applicant made such misrepresentation in order to register to vote or for voting. ​
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Convictions​
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A conviction for unlawful voting, by itself, generally should not bar an applicant from establishing GMC because the conviction is unlikely to be a CIMT.​ [59] On the other hand, making a false claim to ​U.S.​ citizenship in order to register to vote or to vote is a CIMT. An applicant who is convicted of a CIMT is generally precluded from establishing GMC.​
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A conviction for making a false claim to ​U.S.​ citizenship in order to register to vote or for voting is a felony and prevents an applicant from showing GMC unless an exception applies.​ [60]
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Imprisonment​
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Unless an applicant qualifies for an exception, the applicant is barred from establishing GMC if:​
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•The applicant was convicted and imprisoned for 180 days or more during the statutory period for unlawful voting or for making a false claim to U.S. citizenship;​ [61] or​
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•The applicant has multiple convictions with an aggregate sentence of five years or more, which include conviction(s) for unlawful voting or making a false claim to ​U.S.​ citizenship.​ [62]
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Exceptions​
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In 2000, Congress added exceptions for GMC determinations and removal of noncitizens for unlawful voting and false claims to ​U.S.​ citizenship.​ [63] The exceptions only apply to convictions that became final on or after October 30, 2000.​[64]
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An applicant qualifies for an exception if the following conditions are met:​
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•The applicant’s natural or adoptive parents are or were U.S. citizens at the time of the violation;​ [65]
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•The applicant permanently resided in the United States prior to reaching the age of 16 years; and​
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•The applicant “reasonably believed” at the time of the violation that he or she was a U.S. citizen.​
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[COLOR=#000000 !important]To assess whether the applicant “reasonably believed” that he or she was a ​[COLOR=#000000 !important]U.S.​[/COLOR][COLOR=#000000 !important] citizen at the time of the violation, the officer must consider the totality of the circumstances in the case, weighing such factors as the length of time the applicant resided in the ​[/COLOR][COLOR=#000000 !important]United States​[/COLOR][COLOR=#000000 !important] and the age when the applicant became an LPR.​[/COLOR][/COLOR]
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