Actress Kelly Rutherford is urging a Los Angeles federal judge to overturn a ruling allowing her two children to live with their father in France, insisting the decision creates an immigration issue.

The former Gossip Girl star's ex-husband Daniel Giersch was granted primary custody of seven-year-old son Hermes and five-year-old daughter Helena in 2012, and the actress has been forced to fly between her native U.S. and Europe just to visit her kids.

She has now filed new legal documents accusing the state judge who presided over their case of acting beyond the scope of his power and is demanding the custody call be overturned by a higher judge so her children can remain with her in the States, reports

German businessman Giersch had his U.S. visa revoked for unknown reasons in the summer of 2012.

Rutherford and Giersch divorced in 2009. The costly custody battle prompted the actress to file for bankruptcy last year (13).