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

Davenport, IA |

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?

Attorney Answers 3


  1. 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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. 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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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