Home > Research Legal Advice > Immigration > Will ICE prosecute I-485 applicant who does not disclose arrest?
Asked 2 months ago - Davenport, IA
FlagMy 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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Browse our legal dictionaryImmigration 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.