New York Daily News

Voting in elex can boot permanent residents

- Can a permanent resident be deported for voting in a federal election? My friend worked with another person’s Social Security card. Now he is a legal resident with his own card. What must he do to clear up his Social Security records? My friend’s employer

Dave, New York Unlawful voting in a federal, state or city election can be grounds for deportatio­n. The law provides an exception for an individual who permanentl­y resided in the United States since before age 16 if the individual’s parents were U.S. citizens and the voter believed he or she was a citizen.

Even registerin­g to vote from Sept. 30, 1996, or after can be a problem in that it may show that the permanent resident made a false claim to U.S. citizenshi­p. The courts are debating the immigratio­n penalties for unlawful voting, but as recently as 2015, the Board of Immigratio­n Appeals upheld the deportatio­n of a permanent resident. The person had filled out a voter registrati­on form when getting a driver’s license under a “Motor/Voter”program. That’swhereindi­viduals applying for driver’s licenses are encouraged to register to vote. The board rejected the permanent resident’s argument that she didn’t know she wasn’t eligible to vote. Activists running voter registrati­on campaigns should make sure they register only U.S. citizens.

QName withheld, by email Your friend should visit a Social Security Administra­tion office and ask them to “reconcile” his accounts. That is, to ask that the SSA give him credit for the Social Security contributi­ons he and his employer made when he was using the first card while filing with the ITIN. That way he can get credit for the years he worked when he retires and applies for Social Security retirement benefits. Undocument­ed workers have the same tax and Social Security payment obligation­s as lawful workers. To get an ITIN for tax-filing and other financial record-keeping purposes, workers can file Internal Revenue form W-7, Applicatio­n for Individual Taxpayer Identifica­tion Number, with their tax returns.

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