People often search for this issue as INA 212a10D, 212a10D, Section 212a10D, unlawful voter inadmissibility, or voted as a noncitizen. These are shorthand references to INA § 212(a)(10)(D), which can make a person inadmissible if the person voted in violation of any federal, state, or local law.
INA 212a10D (INA 212(a)(10)(D)) — Unlawful Voter (Noncitizen Voting) Inadmissibility
INA 212a10D (INA 212(a)(10)(D)) — Unlawful Voter (Noncitizen Voting) Inadmissibility
What is a ground of inadmissibility?
In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.
212(a)(10)(D) Inadmissibility due to Unlawful Voter
Any foreign national who voted in violation of any US law is inadmissible.
Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.
This section shall not apply in the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.
How to obtain a determination that the 212(a)(10)(D) ground of inadmissibility was incorrectly made.
No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.
Common examples of INA 212a10D unlawful voter issues
INA 212a10D issues most often arise when government records show voter registration or voting activity and the person is not a U.S. citizen. Common fact patterns include:
- Registering to vote through a DMV or “motor voter” process where citizenship was checked incorrectly
- Signing a voter registration form that included a U.S. citizenship attestation
- Voting in a local, state, or federal election as a noncitizen (including a permanent resident)
- Voting once or a small number of times and later discovering the registration or voting record exists
- Confusion caused by third-party assistance, translation issues, or clerical errors in the registration process
- Cases where the person believed they were eligible (for example, misunderstanding eligibility rules), but the record reflects voting in violation of law
Because these cases are record-driven, the first step is usually to obtain the voter registration record and any voting history records, build a clear timeline, and address what was actually signed or submitted and why.
Frequently asked questions about INA 212a10D (212(a)(10)(D)) unlawful voter inadmissibility
What is INA 212a10D?
INA 212a10D (INA 212(a)(10)(D)) is the unlawful voter ground of inadmissibility. It can apply if a person voted in violation of any federal, state, or local law.
Does INA 212(a)(10)(D) require a criminal conviction?
Not necessarily. These issues can arise based on voter registration and voting records, admissions, or other documentation even when there is no conviction.
What is the most common unlawful voter scenario?
A common scenario involves DMV or “motor voter” registration where a noncitizen is registered and later voting activity is recorded or alleged.
What documents matter most in an unlawful voter case?
Voter registration records, voting history records (if any), DMV records tied to registration, and a clear timeline of status and events are usually essential.
Can accidental registration or confusion matter?
Yes. These cases are fact-specific, and the details about what was signed, what was selected, and what the person understood at the time can be important when addressing the record.
What is the first step if 212(a)(10)(D) is alleged?
Obtain the registration and voting records, build a clean timeline, and address what the record actually shows before choosing a strategy.
News Related to INA § 212(a)(10)(D)
| Date | Title | Details | ||
|---|---|---|---|---|
| January 24, 2025 | USCIS Policy Manual | U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to provide detailed guidance on the inadmissibility of individuals who have engaged in unlawful voting. | ||
| July 8, 2024 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM offers guidance to consular officers on the inadmissibility of individuals who have engaged in unlawful voting. |
