Keathley v. Holder, No. 11-1594 (7th Cir. 2012)
Annotate this CaseElizabeth, a citizen of the Philippines, married John, a U.S. citizen, in 2003 in the Philippines. The State Department issued a nonimmigrant K-3 visa pending action on John’s request for her permanent residence as the immediate relative of a U.S. citizen. After arriving in the U.S., Elizabeth obtained a driver’s license. The State of Illinois also sent her a voter registration card, and she voted in the 2006 election. Immigration officials discovered that Elizabeth had voted. She was ordered removed for violating 18 U.S.C. 611, which rendered her inadmissible and ineligible for benefit as John’s spouse, 8 U.S.C. 182(a)(10)(D)(i). The Board of Immigration Appeals affirmed. The Seventh Circuit remanded for determination of whether Elizabeth showed her passport and visa to the state official; whether that official raised the subject of voting knowing that she was an alien; and whether that official checked the box claiming citizenship after Elizabeth signed the forms.
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