Unlawful Voting and Green Cards: The Bar, Your Options and FAQ

Federal agencies are now checking immigration applicants against state voter records, and the results are reaching people far from the headlines. USCIS is denying adjustment of status applications under the unlawful voting bar, INA 212(a)(10)(D), and its August 2025 policy alert says it will issue a Notice to Appear when it finds someone voted unlawfully. At the same time, the Justice Department has charged hundreds of noncitizens with voting-related crimes, including a green card holder indicted over a city election vote.

This analysis draws on our coverage of the 2026 enforcement push. It walks through the law, the options after a denial, and the risks of each path for people who are still waiting on a green card, especially those in H-1B, H-4 or similar status. A detailed FAQ follows at the end.

The statute and its elements

INA 212(a)(10)(D)(i) reads: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.” An adjustment application is treated as a request for admission as a permanent resident, and INA 245(a) requires the applicant to be admissible, so the ground applies even to someone who has lived in the United States for years.

Element	What it requires	Common issues
“Any alien”	The person is not a U.S. citizen	Usually undisputed
“has voted”	An act of voting	Registration alone is not voting; records can be wrong or belong to someone else
“in violation of”	The vote broke the provision, including any intent element it has	Usually met where the state limits voting to citizens with no intent requirement
“any Federal, State, or local constitutional provision, statute, ordinance, or regulation”	A specific provision	State voter qualifications usually supply it, including for local elections

The only exception, in 212(a)(10)(D)(ii), covers a person whose parents are or were all U.S. citizens, who lived here permanently before age 16, and who reasonably believed he or she was a citizen. Adult immigrants rarely meet it.

Intent usually does not help on the voting ground itself. In Matter of Fitzpatrick (BIA 2015), the Board held that ignorance of the law is no defense to voting in a federal election, and in Matter of Lopez Rico (BIA 2026) it confirmed that removability turns on the elements of the underlying voting provision and treated unlawful voting as a significant adverse factor in discretionary relief. Where the state provision is a voter qualification with no mental state, a mistaken belief that noncitizens could vote in a local election is unlikely to defeat the ground.

The INA does not define “voted,” and agencies sometimes rely on voter files that are incomplete or outdated. Our coverage has documented large error rates in federal noncitizen voter lists. Anyone facing a finding should get certified records and check exactly what they show before conceding that a vote occurred.

The separate false-claim problem

Voter registration forms and many election-day forms include a sworn statement that the signer is a U.S. citizen. That signature can be treated as a false claim of citizenship, which matters in three ways:

It can support a separate permanent bar for false claims to citizenship, INA 212(a)(6)(C)(ii), and a deportation ground, INA 237(a)(3)(D), neither of which depends on whether the person voted.
It can support a federal charge under 18 U.S.C. 1015(f), which covers knowingly false citizenship claims to register or vote in any federal, state or local election.
The defense in both settings turns on knowledge. How the person answered any citizenship question on the form matters a great deal. USCIS policy, as summarized by CLINIC, does not treat registering without affirmatively claiming citizenship as a false claim.

No waiver for a green card

There is no waiver of 212(a)(10)(D) for adjustment of status or an immigrant visa. If the finding stands, it permanently bars permanent residence, in the United States and through a consulate abroad. The only waiver that reaches the ground is the discretionary nonimmigrant waiver in INA 212(d)(3)(A), which allows temporary entry on a visa such as H-1B or H-4 but never leads to a green card.

Options after a denial

Motion to reopen or reconsider (Form I-290B). Due 30 days after the decision, or 33 if the decision was mailed. USCIS decides it, and there is no appeal of an adjustment denial. Focus on legal errors, on evidence USCIS did not address and on new evidence.
A new I-485. If the priority date is current and the applicant is still in status, a new application can be filed. USCIS is not bound by its earlier denial, though it may well reach the same result. A pending application also brings authorized stay and eligibility for a new EAD.
Immigration court. Under USCIS policy alert PA-2025-20 (Aug. 29, 2025), the agency says it will issue a Notice to Appear when it finds someone voted unlawfully, unless the narrow exception applies. In removal proceedings, a denied I-485 can be renewed before the immigration judge (8 CFR 1245.2(a)(5)(ii)), who decides admissibility fresh. If a new I-485 is pending when the NTA is filed, jurisdiction moves to the judge.
Appeals. An immigration judge’s removal order can be appealed to the BIA within 30 days, and removal is stayed while that appeal is pending. A final BIA order can be taken to the federal court of appeals by petition for review within 30 days, but the petition does not stop removal unless the court grants a stay under Nken v. Holder.

The burden of proof differs by forum. An applicant for adjustment must prove admissibility. If DHS instead charges a lawfully admitted person in valid status as deportable under INA 237(a)(6), DHS must prove the vote by clear and convincing evidence.

Staying versus leaving

For a worker who still holds valid H-1B status, staying preserves the immigration court route and the ability to keep working. A Notice to Appear does not end H-1B status, and USCIS can revoke an H-1B petition only on the grounds listed in 8 CFR 214.2(h)(11), which do not include unlawful voting. Extensions are discretionary, though, and a final removal order effectively ends the ability to stay.

Leaving moves the question to a consulate. The consular officer decides admissibility independently, and an applicant can ask that a disputed legal question be referred to the State Department’s Visa Office. Under 22 CFR 42.81(d) and 22 CFR 41.121(d), the Department’s rulings on interpretation of law bind consular officers. A refusal is generally not reviewable in court after Department of State v. Muñoz (2024), and departure abandons any pending I-485.

Criminal exposure

The federal voting crime, 18 U.S.C. 611, applies only to elections with a federal candidate on the ballot. Section 1015(f) reaches any election, and the Missouri indictment shows prosecutors will use it for a purely local one. Its five-year limitations period runs from the date of the false claim. Cases in New Jersey, North Carolina and Pennsylvania show how active federal prosecutors have become. Most defendants charged so far answered “Yes” to a citizenship question, had votes counted in federal elections, or later denied voting on a citizenship application.

What applicants should do now

Calendar the I-290B deadline and the date the EAD and advance parole end, as stated in the denial notice.
Get certified voter registration and voting history records, and copies of any forms you signed.
Check each family member’s I-94 to confirm whether the last entry was an admission or parole.
Do not travel without advice, and do not stop maintaining status.
Consult a criminal defense lawyer before signing new sworn statements, and decline to answer questions from investigators without counsel.

FAQ: unlawful voting and green cards

Can USCIS deny my green card for voting?

Yes. A noncitizen who voted in violation of any federal, state or local law is inadmissible under INA 212(a)(10)(D), and an adjustment applicant must prove admissibility. USCIS also says it will issue a Notice to Appear when it finds unlawful voting.

Does voting in a local election count?

Yes, unless local law actually allows noncitizens to vote in that election. A local election matters for criminal purposes too: 18 U.S.C. 611 is limited to federal races, but 18 U.S.C. 1015(f) covers false citizenship claims in any election.

Is there a waiver for unlawful voting?

Not for a green card. The only waiver is the discretionary 212(d)(3)(A) waiver for temporary nonimmigrant entry, such as H-1B or H-4.

I didn’t know noncitizens couldn’t vote. Does that help?

Usually not for the voting ground, which the BIA has held does not require knowledge when the underlying law has no intent element. It matters a great deal for any criminal charge and for a false-claim-to-citizenship finding, both of which require a knowing claim.

I checked “No” or skipped the citizenship question but signed the form. Did I claim citizenship?

A signed oath that says you are a citizen lets the government argue you made a claim. Your answer to the citizenship question is your best evidence that it was not a knowing claim, and “No” is stronger than a blank. Keep copies of the form and get certified records.

Does being registered to vote, without voting, make me inadmissible?

Not under the voting ground, which requires a vote. A registration can still lead to a false-claim-to-citizenship charge if it involved a knowing claim of citizenship. Registrations created automatically at licensing offices are often contested.

What can I do after USCIS denies my I-485?

File a motion to reopen or reconsider on Form I-290B within 30 days, or 33 if the decision was mailed. If your priority date is current and you are in status, you can also file a new I-485. There is no appeal of an adjustment denial.

Will USCIS send me to immigration court?

It may. Under policy alert PA-2025-20, USCIS says it will issue a Notice to Appear when it finds unlawful voting, unless the citizen-parent exception applies. Being in valid status does not rule it out.

Can I bring my denied I-485 back in front of an immigration judge?

Yes, if you are placed in removal proceedings. The regulations call it renewing the application, not filing a new one (8 CFR 1245.2(a)(5)(ii)). The judge decides it fresh. Your I-140 must still be valid and your priority date must be current when the judge rules.

I returned on advance parole. Can the immigration judge still decide my I-485?

Usually a judge cannot decide an arriving alien’s adjustment, but there is an exception. Under 8 CFR 1245.2(a)(1)(ii), the judge has jurisdiction if you filed the I-485 with USCIS while in the United States, left and returned on advance parole to pursue it, USCIS denied it, and DHS then placed you in proceedings.

When does a removal order become final?

An immigration judge’s order is final if no appeal is filed within 30 days. If you appeal to the BIA, the order becomes final when the Board decides, and removal is stayed while the appeal is pending.

Does an appeal to the federal court of appeals stop deportation?

No, not automatically. You must ask the court for a stay, and it applies the Nken v. Holder factors, including likelihood of success. Without a stay, ICE can remove you while the case continues. Rehearing en banc and Supreme Court review are possible but rarely granted, especially without a split among the circuits.

Can I keep working on my H-1B after a denial or an NTA?

Yes, while your H-1B status remains valid. A Notice to Appear does not end status, and unlawful voting is not a listed ground for revoking an H-1B petition. Extensions are discretionary, and a final removal order ends the ability to stay. A State Department revocation of the visa stamp is a separate risk to watch.

What if my H-1B extension is denied while I am in removal proceedings?

A pending I-485 before the immigration judge supports an employment authorization document under category (c)(9). File it early, because processing takes months. After a final removal order, the only option is a discretionary (c)(18) EAD for people released on an order of supervision.

My spouse is a derivative on my I-485. What happens to them?

A derivative can adjust only if the principal adjusts. If the principal’s case fails, so does the derivative’s, even if the spouse’s own facts are stronger. If the spouse relied on an EAD and has no other status, unlawful presence may start accruing after the denial.

How long can someone without status stay before facing a reentry bar?

Leaving after more than 180 days of unlawful presence triggers a three-year bar, and more than one year triggers a ten-year bar. For someone whose authorized stay ended with the denial, the clock generally starts on the denial date.

If I leave, can I come back on an H-1B or other non-immigrant visa?

Only if the consulate finds the bar does not apply or a 212(d)(3)(A) waiver is approved. The waiver is requested at the consulate during the visa application, not from inside the United States. The officer may recommend it to CBP’s Admissibility Review Office, which decides under Matter of Hranka. Expect several months, and expect to need a new waiver with each visa.

Can I get an immigrant visa abroad instead?

Only if the consular officer finds the voting ground does not apply. You can ask for a Visa Office advisory opinion on a disputed legal question, and a favorable ruling binds the consulate. There is no waiver, and refusals are generally not reviewable in court.

Can I be criminally prosecuted for voting in a local election?

It is possible. The main federal statute is 18 U.S.C. 1015(f), a five-year felony that requires a knowing false claim of citizenship. State election laws may also apply, often with a fraud or knowledge requirement.

If I leave the United States and am later indicted, what happens?

The case stays open and an arrest warrant is entered into federal databases, which effectively blocks any visa or entry. A felony defendant generally must appear in person (Federal Rule of Criminal Procedure 43), and courts may refuse to hear motions from a defendant who stays abroad. If prosecutors argue the person fled, 18 U.S.C. 3290 can suspend the limitations period.

Can someone who is inadmissible come back to defend a criminal case?

Yes. Prosecutors can arrange parole into the United States for criminal proceedings under INA 212(d)(5), usually as part of a negotiated surrender. Parole lasts only as long as the case and does not cure the immigration bar.

Can a sealed indictment stop me at the airport?

Yes. Once an indictment is returned and a warrant issues, it is entered into law enforcement databases that CBP checks against departure manifests. A criminal defense lawyer can sometimes learn from the U.S. Attorney’s Office whether a person is under investigation.

What should I do if federal agents contact me about voting?

Be polite, decline to answer questions and do not sign anything until you have a lawyer. Many recent defendants were charged after voluntary interviews.

What should I say if a USCIS officer asks whether I ever voted?

Get legal advice before the interview, and answer truthfully. A false denial under oath can create a separate misrepresentation problem that is harder to fix than the original issue, and correcting it only after being confronted with records generally does not count as a timely retraction.

This article is for general information and is not legal advice. Anyone facing a denial or investigation should consult an immigration attorney and, where criminal exposure exists, a criminal defense attorney.

Sources

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds an LL.M. from California Western School of Law, San Diego and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

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