A Troubling New Tactic: ICE Detentions During USCIS Green Card Interviews

San Diego’s immigration community has been rattled by new reports that Immigration and Customs Enforcement (ICE) is arresting individuals with no criminal history during routine green card interviews at USCIS offices—a practice that is historically unprecedented and deeply alarming.

What’s Happening

Starting in early November, immigration attorneys began reporting that ICE agents had been detaining green card applicants at routine interviews conducted at USCIS field offices.

In “at least six” documented cases, ICE agents made these arrests immediately after applicants admitted to overstaying their visas.

Attorneys have confirmed many of those arrested had no criminal record, and their visa overstay was something they believed would be forgiven or resolved during the green card process.

These individuals came to the United States through legal pathways and were seeking to obtain permanent residence after marrying U.S. Citizens.

One case involved a U.K. national who initially planned to return home, but she and her husband decided to pursue her green card in the U.S. after learning she was pregnant. Doctors warned it would be a high-risk pregnancy, and they chose to remain in the U.S., relying on the long-established rule that a visa overstay is forgiven when applying for residency through marriage to a U.S. citizen. But their hopes for stability quickly unraveled when ICE agents arrested her during the interview, shattering their vision of the American dream.

In all reported cases, applicants perceived their interviews to be progressing normally before ICE unexpectedly entered and detained them.

In a more recent incident, an active-duty sailor brought his wife to what should have been a straightforward green card interview. Instead, ICE agents stormed in—just as they had in previous cases—and detained her for nothing more than a visa overstay.

Speaking to ABC 10 News, attorney Jacob Sapochnick condemned these tactics, pointing out that the individuals arrested will ultimately be released adding, “It’s a waste of resources. It creates anxiety for the spouses and trauma that will last a long time.”

For those with upcoming green card interviews, these developments have introduced new fear and uncertainty — a process once viewed as a hopeful final step now comes with very real risk.

Attorney Representation Is Now a Necessity — Not a Choice

Given the recent surge in detentions, anyone with a visa overstay, prior removal order, criminal history, or any immigration complications should not attend a green card interview without the assistance of an experienced immigration attorney.

Applicants should consult an attorney as soon as possible to assess the risk of attending their interview by running FOIA (Freedom of Information Act) requests, checking for removal orders, and evaluating whether ICE has an active interest in the applicant.

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

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