Legal Question in Immigration Law in Iowa

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 three other incidents of theft and another one which was dismissed after attending an offender's class. Can anything be done about this? I know you may be thinking this is just an attempt to "get back" at an ex but nothing could be further from the truth. I am glad to be free of her. The problem is that she has threatened to take our kids out of the country (one of which I have physical custody and both of which I have joint legal custody). This is a green card holder who has violated the immigration laws on numerous occasions and I feel that the US will eventually catch up to her criminal record which would cause her to flee with our children. If the US does discover this will they check to see that their father is a US citizen (as are they) and contact him? Thanks for any help, advice, etc.


Asked on 3/22/13, 1:02 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

If you have a reasonable belief that she intends to take the children and leave the country you should get the assistance of a family law lawyer to get a court order prohibiting her from doing so. This might be the basis for sole custody.

Also I can tell you that theft is a crime of moral turpitude that will seriously interfere with a person's right to stay in this country.

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Answered on 3/22/13, 9:28 pm


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