Why are Immigrants Being Detained at USCIS Green Card Interviews?

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For many immigrants, attending a green card interview is a long-awaited step toward permanent residency in the United States. But in recent months, an increasing number of applicants have faced a troubling outcome—detention by Immigration and Customs Enforcement (ICE) officials at the green card interview with U.S. Citizenship and Immigration Services (USCIS).

In this blog post, we share why this is happening, who is most at risk, and what immigrants should know before walking into their interview.

Immigration Enforcement on the Rise

Immigration enforcement has been on the rise nationwide, with federal authorities ramping up arrests, detentions, and deportations under increasingly aggressive policies. This uptick includes broader cooperation between local law enforcement and immigration agents, expanded use of surveillance technologies, and a growing number of workplace and home raids across multiple states.

These tactics have created a climate of fear, discouraging immigrants from accessing schools, places of work, and even hospitals. In Los Angeles, for example, a wave of coordinated ICE raids last month led to hundreds of arrests and heightened tensions.

ICE officers have also been arresting individuals immediately after their cases are dismissed in immigration court. These arrests have been reported nationwide and are discouraging immigrants from attending their scheduled court hearings.

Detentions at USCIS Green Card Interviews

But one alarming trend receiving far less attention is the recent wave of ICE detentions occurring at USCIS green card interviews across the country.

In states like California, New York, Arizona, and Florida, green card applicants—many of whom are married to U.S. citizens and seeking lawful permanent residency—are being taken into custody during what should be a routine step in the legalization process.

These arrests often target individuals with old deportation orders or prior immigration violations, catching families off guard and turning what was meant to be a hopeful milestone into a traumatic event. Despite the life-altering consequences, these incidents are unfolding largely out of public view, with little national media coverage or public scrutiny.

Client Case Study

Consider the case of Maria, a woman from the Philippines who came to the United States on a student visa and later fell out of status while she was still in school. She remained in the country, eventually marrying a U.S. citizen and beginning the process of adjusting her status to obtain a green card through marriage.

At their green card interview, held at a local USCIS office, Maria and her husband were prepared to answer questions about their relationship and life together. But halfway through the interview, the officer reviewing her file came across an old deportation order that had been issued years earlier—one that Maria was unaware of and had not complied with.

Suddenly, the tone of the interview changed. The officer questioned her about the removal order, then excused himself. Minutes later, ICE agents entered the room, handcuffed Maria in front of her husband, and took her into custody. What should have been a happy moment in her immigration journey turned into a traumatic and unexpected detention, highlighting the risks immigrants with past immigration issues face even during the adjustment process.

Had Maria been aware of the outstanding removal order before attending her green card interview, there were legal avenues that could have been pursued to address it and potentially avoid her detention.

She might have been able to file a motion to reopen her removal case or request that the order be terminated based on her marriage to a U.S. citizen and her eligibility to adjust status.

Maria’s case underscores the critical importance of being completely truthful with your immigration attorney—especially when it comes to any prior visa overstays, missed court hearings, or deportation orders.

Hiding or minimizing adverse information out of fear or shame can lead to devastating consequences—while honesty about past mistakes, can avoid such devastating consequences.

Who is Being Targeted for Detention at Green Card Interviews?

  • Individuals with outstanding arrest warrants (including those for missed court hearings)
  • Individuals with unresolved prior removal orders
  • Those with past interactions with law enforcement
  • Individuals with criminal histories (past DUIs, probation violations, felonies, misrepresentation, fraudulent offenses, crimes of moral turpitude)
  • Individuals deemed to be a threat to public safety (domestic violence offenses, violent felonies)
  • Past issues relating to marriage fraud or misrepresentations made in previous USCIS applications

Preparing for Your Green Card Interview

To adequately prepare for your green card interview, it’s essential to carefully review and write down your complete immigration history, including any visa overstays, arrests, prior orders of removal, or other incidents that might raise questions by the USCIS officer. Discuss this information with your attorney early on and provide records where applicable. Being organized and honest about these details will help you prepare for the USCIS officer’s questions confidently and allow your attorney to provide the best possible guidance before your interview.

If you don’t remember all the details of your immigration history, you can request your FOIA (Freedom of Information Act) records from USCIS and obtain your criminal records to ensure you have accurate information.

It’s also important to request your immigration court records to verify whether you have any pending removal orders or unresolved cases.

Having these documents on hand well before your interview can help you prepare thoroughly and avoid surprises during questioning.

Requesting to Reschedule Your Interview

If you have not done your prep work before applying for your green card and you need additional time to gather documents or consult with your attorney, you can file a request to reschedule your green card interview with USCIS. This extra preparation time can be crucial to ensuring you and your spouse are fully prepared before meeting with USCIS.

Bottom line: there are ways to avoid detention at your green card interview, and thorough preparation with your attorney is essential.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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