What to do if my ex lied on her I-485 application regarding previous arrests?

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What to do if my ex lied on her I-485 application regarding previous arrests?

She had been arrested prior to our marriage and did not report 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 3 other incidents of theft and another one which was dismissed after attending an offender’s class. Can anything be done about this?

Asked on March 22, 2013 under Immigration Law, Iowa

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What do you mean by "can anything be done about this."  In what sense?  Was her I-485 approved?  Did she get the green card?  Was it a conditional or permanent green card?  What is it exactly that you are trying to do about the convictions?


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