Imagine waiting more than ten years as a lawful permanent resident for the day you can finally become a U.S. citizen.
One of our clients did exactly that. He received his N-400 citizenship interview notice, prepared for the appointment, and arrived at the USCIS office in Los Angeles excited about taking the next step toward naturalization. He believed he was eligible for citizenship, and his attorney had advised him that he qualified.
But he never walked out of that USCIS office as a new U.S. citizen.
Instead, ICE agents placed him in handcuffs and escorted him out of the building.
This is not a scene from a movie. It is a reality that some green card holders have faced when appearing for their naturalization interviews.
And he is not the only one.
Lessons From Real Client Cases
In this blog post, we share real client stories involving lawful permanent residents who appeared for their U.S. citizenship interviews only to be detained by ICE agents. These cases involve old removal orders, unpaid tickets that were forgotten and later turned into warrants, political activism that attracted government scrutiny, and other problems applicants may not realize could surface during the naturalization process.
Most importantly, we explain what these cases can teach other green card holders, and the steps you should take before filing your application.
What Happens at the N-400 Citizenship Interview
When you apply for U.S. citizenship, you file Form N-400, Application for Naturalization. At the interview, a USCIS officer will review your application with you and ask questions to confirm that the information you provided is accurate.
The officer may also review important parts of your immigration history, including your travel outside the United States, tax history, child support obligations, and any arrests, citations, charges, or other criminal issues. You will also be required to complete the English and civics portions of the naturalization test, unless you qualify for an exception.
At the end of the interview, USCIS may approve your application, continue the case because additional information or evidence is needed, or deny the application. An immediate denial at the interview itself is less common.
Most applicants complete the interview without serious problems. But it is important to remember that USCIS is a federal facility. If there is an outstanding immigration enforcement issue, warrant, removal order, or other serious problem in your background, ICE could become involved.
Pattern of Enforcement
Since early 2025, we have seen a noticeable shift in immigration enforcement at USCIS interviews. Green card holders who appear for interviews, including naturalization interviews, may face serious consequences if they have unresolved immigration or criminal issues.
In some cases, individuals have been detained by ICE at or immediately after their USCIS interviews. The issue may be something recent, or it may involve an old problem the applicant believed was resolved, overlooked, or simply forgot about.
This change also follows a 2025 USCIS enforcement policy that expanded the circumstances in which cases involving potentially removable noncitizens may be referred for immigration enforcement.
#1: Political Activism and National Security Concerns
Political activism can become a serious immigration issue when the government believes the activity raises national security concerns, involves support for terrorism, or suggests membership in or support for a prohibited organization.
For a green card holder applying for citizenship, these concerns can lead to additional questioning, delays, closer review of the applicant’s background, or potentially immigration enforcement action. In serious cases, the N-400 may be denied, and the applicant’s underlying green card can be reviewed.
Applicants should remember that information available online, including social media activity, may become relevant when the government is investigating potential national security or immigration concerns.
Simply expressing a political opinion or criticizing a government does not automatically make someone ineligible for citizenship. But if your political activity, associations, or online statements could raise terrorism, national security, or other immigration concerns, you should speak with an experienced immigration attorney before filing Form N-400 or appearing for your interview.
#2 The Green Card that was never finished
Some green cards are issued on a conditional basis and are valid for only two years. If you received a two-year conditional green card through marriage, you must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before your green card expires.
Failing to properly file Form I-751 can create serious problems with your immigration status.
Common issues include:
- Forgetting to file Form I-751
- Filing the I-751 incorrectly and having it rejected because of a missing fee, signature, or other filing problem
- Failing to provide required evidence or respond to USCIS requests
- Assuming that you can skip the I-751 and simply file Form N-400 after three or five years
These problems surface when the person later applies for citizenship. USCIS does not simply ignore an unresolved conditional residence issue. In many cases, the N-400 will not be approved until the applicant properly completes the I-751 process.
But the consequences can be more serious than a delayed citizenship application.
We have seen cases where a conditional resident never properly filed Form I-751 and later appeared for an N-400 interview. Instead of moving forward with citizenship, the person was detained at their interview and placed in removal proceedings.
If you never filed Form I-751, filed it late, or are unsure whether it was properly accepted and completed, speak with an immigration attorney before filing for citizenship. An unresolved conditional residence issue can lead to denial of the N-400 and depending on the circumstances, possible removal proceedings or detention.
#3 Old Removal Orders
Old removal orders can create the same kind of problem.
A person may have an old removal order, later file to remove conditions on a green card, and eventually apply for citizenship without realizing that the removal issue was never properly resolved.
That problem can resurface during the N-400 process because USCIS will review the applicant’s immigration history.
If USCIS discovers an old removal order, the consequences can be serious. The N-400 may be denied, and USCIS may also review whether the green card was properly issued or renewed in the first place.
In some cases, this can place the applicant’s permanent resident status at risk and lead to removal proceedings.
The lesson is simple have your full immigration history reviewed before filing Form N-400.
#4 The Warrant No One Remembered
Some applicants file Form N-400 without realizing they still have an outstanding warrant or unresolved court issue.
One of the questions on the naturalization application asks whether you have ever been arrested, cited, or detained. Some applicants answer “no” because they genuinely forgot about an old citation, missed court date, unpaid fine, or other incident.
But USCIS will still find it during the background check.
In one client’s case, an unpaid fine and missed court appearance resulted in a bench warrant. The applicant had forgotten about it and later applied for citizenship. Because the incident fell within the relevant naturalization period, it created problems with the N-400, and ICE became involved at the interview.
These situations can often be avoided with proper preparation.
If you are not completely sure about your criminal or court history, consider obtaining an FBI fingerprint-based background check and reviewing your local court records before filing Form N-400 or attending your interview. This can help uncover old arrests, citations, or warrants that you may have forgotten about.
Outstanding warrants are especially important to identify and resolve before walking into a federal immigration interview.
Not Sure About Your Immigration History? 3 Things to Check Before Filing Form N-400
Before you apply for citizenship, make sure you understand your immigration and criminal history. Three issues are especially important:
- Do you have an old removal or deportation order?
- If you had a two-year conditional green card, did you properly file Form I-751?
- Do you have any arrests, citations, criminal cases, or outstanding warrants?
Especially within the five years before filing for citizenship?
If you are unsure about any of these issues, do not rush to file Form N-400.
First, obtain and review your immigration records. If you do not remember your criminal history, consider getting an FBI fingerprint-based background check and checking the appropriate court records as well. Once you know exactly what is in your record, you can determine whether it is safe to file for citizenship or whether another issue needs to be addressed first.
If any of these three problems apply to you, speak with an experienced immigration attorney before filing.
Filing Form N-400 without understanding your history can do more than lead to a denial. It can bring old immigration or criminal problems back to the surface and, in serious cases, place your green card status at risk.
Detention at N-400 interviews is not the most common outcome, but it can happen. The goal is to identify and address these problems before you walk into your citizenship interview not after.
Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- October Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- Know your Rights if ICE visits your home or workplace
- Know your Rights Card (English)
- Know your Rights Card (Spanish)
- ICE Online Detainee Locator System
- ICE Immigration Detention Facilities
- USCIS Processing Times
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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