Will ICE prosecute I-485 applicant who does not disclose arrest?

Asked 2 months ago - Davenport, IA

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My ex filed I-485 and stated no to previous arrests question. The fact is that she was arrested for shoplifting and ordered to do 120 hours of community service. After this was done, the court had the case labeled "dismissed" and expunged the record. Will ICE discover this arrest and revoke her green card?

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Attorney answers (3)

  1. Pro

    Contributor Level 20

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    Answered March 17, 2013 20:31. USCIS will probably discover her arrest. They certainly have the authority to revoke her green card because of her misrepresentation. Whether they will do so is up to them.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Pro

    Contributor Level 20

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    Answered March 17, 2013 20:23. Immigration is a branch of civil law. As ironic as it sounds, it is so, at least according to the Congress. ICE has investigative powers. It does not have prosecutorial powers. That is reserved for US Attorney Office. Her not disclosing her arrest was done at her detriment. If the arrest for shoplifting in most circumstances would still allow her to adjust, material misrepresentation now makes her inadmissible.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Contributor Level 20

    Answered March 18, 2013 11:46. That is entirely up to ICE. You need to move on with your life.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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