Beginning in November 2025, ICE arrests of applicants occurred during routine marriage-based green card interviews at USCIS field offices—a practice that immigration attorneys describe as unprecedented and a dramatic departure from decades of agency norms.
What Is Happening
Since November 12, 2025, ICE agents have detained spouses of U.S. citizens at USCIS offices immediately following green card interviews. The first documented cases emerged from the San Diego field office, where attorneys reported dozens of arrests within a matter of weeks. Similar arrests have since been confirmed in Cleveland, New York City, and Utah.
The individuals detained include a British mother arrested while holding her infant, a Ukrainian refugee, the wife of a retired Marine Corps staff sergeant, and a German man approaching his first wedding anniversary.
In nearly every reported case, the applicants had no criminal history, and their only immigration violation was overstaying a visa—something that historically posed no obstacle to obtaining a green card through marriage to a U.S. citizen.
One San Diego attorney reported observing thirty-nine arrests in a single day during a week in mid-November. Another attorney described her client’s interview proceeding normally before ICE agents entered the room, handcuffed her client, and took him into custody two days before Thanksgiving.
Why This Represents a Dramatic Shift
Under federal immigration law, spouses of U.S. citizens are classified as immediate relatives, a category that receives special treatment in the adjustment of status process. The Immigration and Nationality Act exempts immediate relatives from the bars to adjustment that would otherwise apply to individuals who overstayed their visas, worked without authorization, or committed other status violations.
USCIS’s own Policy Manual confirms that the statutory bar at INA 245(c)(2) does not apply to immediate relatives.
For decades, immigration practitioners understood that marriage-based applicants who had overstayed visas would not face enforcement action during their USCIS interviews. The green card process itself was designed to provide a lawful path forward for exactly these individuals.
When applicants followed the rules, completed extensive background checks, submitted required documentation, and attended their interviews, they expected approval—not arrest.
ICE has stated that individuals who are unlawfully present in the United States may face arrest at federal facilities, including USCIS offices. A USCIS spokesman noted that overstaying a visa is an immigration law violation that can result in deportation.
However, attorneys point out that this enforcement posture ignores the specific congressional carve-out for immediate relatives and effectively punishes people for attempting to legalize their status through proper channels.
Who Faces the Greatest Risk
Couples should carefully evaluate their circumstances before attending a scheduled interview. The highest-risk applicants include those with visa overstays of any duration, those with prior removal orders (even if based on procedural defaults such as missed hearings), and those who may have an unknown immigration history they have not reviewed with an attorney.
Reports indicate that USCIS officers may notify ICE when applicants with certain flags appear for interviews. In some cases, ICE agents entered the interview room after the USCIS officer indicated the interview had concluded successfully. Applicants have described their interviews proceeding entirely normally, only to have ICE agents appear moments later.
How Couples Should Prepare
Any applicant with a visa overstay, status violation, or uncertain immigration history should consult with an experienced immigration attorney before attending a scheduled interview. Attorneys can request FOIA records, check for unknown removal orders, and assess whether ICE may have flagged a particular case.
Couples should also prepare emergency plans. U.S. citizen spouses should have copies of important documents, know how to locate a detained family member through ICE’s detainee locator system, and understand the process for requesting bond hearings. If an arrest occurs, the detained applicant should avoid making statements without counsel present.
For couples where the foreign-born spouse has a clean record and entered the country lawfully on a valid visa, the risk may be lower—but the recent cases demonstrate that no situation is entirely predictable under current enforcement practices.
The Critical Importance of Legal Representation
Attorney representation at USCIS interviews has shifted from advisable to essential. Lawyers can intervene during interviews, document what occurs, and advocate on behalf of detained clients in bond proceedings. In Cleveland, one attorney’s client was detained despite having an immediately approvable case—on the same day, USCIS approved the underlying petition. The client nonetheless remained in ICE custody, separated from her husband during the holidays.
Detained applicants face immigration court proceedings where prosecutors will argue against their applications, creating delays measured in years rather than months. What could have been a routine administrative approval becomes a protracted legal battle with an uncertain outcome.
If you or your spouse has an upcoming green card interview and any immigration irregularities in your history, call the Law Office of Matthew W. Peterson immediately. The landscape has changed fundamentally, and preparation may be the difference between approval and detention.
This article provides general information and is not legal advice.
