Before You Start – Make Sure You Are Eligible!

Unlawfully voting in an election or claiming to be a U.S. citizen, in order to vote, is a violation of federal law punishable by fines and imprisonment. It may also affect your eligibility for certain immigration benefits and lead to removal proceedings. If you have any questions about your eligibility to vote, please contact an experienced immigration attorney.

To Vote In U.S. Federal Elections You Must:

• Be a U.S. Citizen
  • Through Birth In The U.S.¹
  • Through Birth Overseas To A U.S. Citizen Parent²
  • Through Naturalization³
  • Lawful Permanent Residents (LPRs) cannot vote in federal elections, though they may vote in some local elections.
• Meet Your State’s Residency Requirements
• Be 18 Years of Age On or Before Election day
  • You may be able to register before the election if you will be 18 years old on Election Day; check your state’s requirements here: https://www.usa.gov/voter-registration-age-requirements .
• Register to Vote by Your State’s Deadline
  • https://www.usa.gov/election-office

Some State Laws Place Restrictions on Voting Base On:

• Felony Convictions
• Mental Incapacity

If you have questions about whether you may vote in your state, contact the election officials in the jurisdiction (usually the county) where you wish to register and vote.

Ways To Vote

• Vote in person at your designated polling place on Election Day
• Vote early in person at your designated early polling place
• Request a mail-in/ absentee ballot if available and vote by mail

1,2,3 View the printable factsheet for additional information on U.S. Citizenship and Naturalization requirements for voting.

Questions About Your Voting Eligibility? Contact An Experienced Immigration Attorney

Unlawful voting may affect your eligibility for certain immigration benefits and lead to removal proceedings. If you or your family members have any questions about your voting eligibility, it is important to consult with a qualified immigration attorney. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or schedule a consultation.

Printable Factsheet To Help You Understand Who Can Vote In The U.S. Presidential Elections

View online, download, or print and share with others

Who Can Vote in The U.S. Presidential Election?

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A Form I-693 that is signed by the civil surgeon on November 1, 2023, or later does not expire and can be used for any immigration benefit application at any time in the future.

Note: if a USCIS officer has reason to believe that the applicant’s medical condition has changed since the civil surgeon signed the Form I-693 or that the Form I-693 does not accurately reflect the applicant’s medical condition, then the officer has the discretion to request further evidence or a new or updated Form I-693.

If I am applying for an immigrant visa outside the United States, do I need a Form I-693?

No. If you apply at a consular post, you will have a medical examination conducted by a DOS panel physician.

Can anyone complete the Form I-693?

Only a doctor listed on the USCIS website at www.uscis.gov/tools/find-a-civil-surgeon may perform the exam.

How much does it cost to have the Form I-693 completed?

Rates vary by physician. Do your research to compare what different offices charge. When scheduling the
appointment, tell the office that it is for an immigration medical examination.

What should I bring to my medical examination appointment?

• Government-issued photo identification;
• List of medications you are currently taking;
• Vaccination records;
• Proof of COVID-19 vaccination, if applicable;
• Any other medical records, if available;
• A current edition of Form I-693, available at https://www.uscis.gov/i-693

What happens at the appointment?

You’ll sign the certification at the start of the immigration medical exam to confirm that you agree to the exam and that all the information you provide about the exam is true. During the medical examination, the civil surgeon will perform tests for communicable diseases of public health significance and screen for certain physical or mental disorders, as well as for drug addiction and abuse. The civil surgeon will also make sure that you have all required vaccinations. Additional testing may be necessary.

When all testing has been completed, the civil surgeon will sign Form I-693 and put it in a sealed envelope.

IMPORTANT: Do not break the seal or open this envelope. USCIS will not accept Form I-693 if it is not in a sealed envelope or if the envelope is altered in any way. The civil surgeon should provide you with an additional copy of the signed Form I-693 for your records.

When will the Form I-693 medical exam be submitted to USCIS?

You may submit the completed medical exam with your green card application or later, in response to a Request for Evidence.

NOTE: Always check with your attorney before mailing anything to USCIS.

How long is Form I-693 valid?

A Form I-693 that was properly completed and signed by a civil surgeon on or after November 1, 2023 does not expire. A Form I-693 completed prior to that time is valid for two years from the date that the civil surgeon signed it.

Form I-693 Questions?

The information in this post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a competent, licensed immigration attorney.

For more information on how this might apply to your case, please contact immigration attorney Jessie M. Thomas at www.staylegally.com/free-case-evaulation/.

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First let’s look at the rules for the spouse of U.S. citizens. They are pretty straight forward.

Petitioner is a U.S. Citizen

A U.S. citizen (petitioner) files the I-130 petition and the spouse (beneficiary) can can file the I-485 at the same time. In other words the U.S citizen files the petition to prove that their alien relative is in a real marriage and the beneficary, the foreign national, applies for adjustment of status at the same time. They want to adjust their status from whatever non-immigrant visa they entered on into that of Lawful Permanment Resident.

Petitioner Is A Green Card Holder (Non U.S. Citizen)

Now, when the petitioner is only a green card holder things are more complicated because there is a backlog right now. Congress has limited the number of visas for the spouses and under-aged children of Lawful Permanment Residents. So in this situation under current processing times and guidelines you have to file the I-130 petition first.  The beneficiary is given a priority date when the I-130 petition is filed. This is the receipt date. The priority date is the beneficiary’s place in line. The beneficiary then must wait for that date to become current. Each month they have to check the visa bulletin to see when that priority date is going to become current. Once it becomes current then they can apply for the I-485 Adjustment of Status. This is called a “2 Step” process.

1 Step vs 2 Step Process

When a U.S. citizen files this is called a “1 Step” process because it is all done in one step. However, when the petitioner is a Green Card holder it is called a “2 Step” because it takes two steps. First the petitioner files the I-130 and the beneficiary is provided with a priority date. Once the priority date is current the beneficiary can file for Adjustment of Status.

Now given the fact that right now we are looking at 4 years plus for the processing of the spouses and under-aged children of Green Card holders to get a final decision it is most likely that the prority date will not become current until after the petitioner, the Green Card holder’s spouse, becomes a U.S. citizen and then upgrades their case. Now the petitioner is a U.S. Citizen and the USCIS is going to go ahead and process their petition and hopefully approve it and the beneficiary, the children or the spouse, can apply for the I-485 Adjustment of Status and get their Green Card. So it is a little bit trickier when the petitioner is only a Green Card holder.

Spouse Green Card Questions?

Questions about the spouse green card immigration process? Looking for help to make sure your petition or application can be processed as quickly as possible? Please contact immigration attorney Jessie M. Thomas. Call (214) 838-0045, Text (214) 838-0045 or Email contactus@staylegally.com today.

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