My ex lied on her I-485 application regarding previous arrests. She had been arrested prior to our marriage and did not report

Asked over 1 year ago - Bettendorf, IA

this on the I-485 application. Instead she answered "no". The result of this arrest for theft was 120 hours of community service which she did and the charge was "dismissed" and "expunged". I understand this is still considered a conviction in the eyes of immigration due to the community service time ordered. The USCIS did not discover this arrest prior to our interview. (in fact, I didn't discover it until years later). Since that time she has also been convicted of three other incidents of theft and another one which was dismissed after attending an offender's class. Can anything be done about this? I have custody of one child and joint legal custody of the other and concerned she may take them out of country when and if these crimes are discovered.

Attorney answers (2)

  1. Alexander Joseph Segal

    Contributor Level 20

    2

    Lawyers agree

    Answered . Are you concerned now because you would like to retaliate or the sudden in-wave of moral responsibility you feel?

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Sasha O. Lazarevich-Sinnott

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I'm not sure what your question actually is.

    Are you concerned that your ex will lose her status due to not reporting that incident on her application and that if she loses her status she will take your children out of the country? Or, are you wanting to report your ex to USCIS.

    If you have custody concerns you should probably talk to a family law attorney about that.

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