Mandatory Green Card Interviews Are Back

Published: 01/27/2026

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Mandatory Green Card Interviews Are Back In 2026

If you are applying for a marriage-based green card in 2025, prepare to attend an in-person mandatory green card interview. The era of interview waivers for adjustment of status applications has effectively ended.

What Changed

Federal regulations have always required that adjustment of status applicants be interviewed by an immigration officer, with limited exceptions allowing USCIS to waive the interview when it determines one is unnecessary. During the Biden administration, USCIS exercised this discretion liberally.

Applicants with well-documented cases and no apparent red flags routinely received approvals without ever appearing at a field office. Some immigration practitioners reported interview waiver rates exceeding 90 percent for their marriage-based cases during this period.

That discretion is no longer being exercised. Under current Trump administration policy, USCIS is requiring in-person interviews for virtually all marriage-based green card applicants, regardless of how complete or compelling the documentary evidence may appear. The agency has also updated its Policy Manual to strengthen fraud detection protocols and expand the circumstances requiring mandatory interviews.

What to Expect at the Interview

The marriage-based green card interview has become more rigorous. USCIS officers are conducting longer sessions with more detailed questioning. In many field offices, officers are separating spouses and interviewing them individually before comparing answers for consistency.

This practice, sometimes called a Stokes interview after the 1975 federal court decision establishing procedural protections for such examinations, was once reserved for cases with significant fraud indicators. It is now occurring in routine cases involving couples with no obvious red flags.

Questions typically focus on the history of the relationship, day-to-day activities, living arrangements, and future plans. Officers may ask about how you met, when you decided to marry, details about your wedding, your morning routines, sleeping arrangements, household responsibilities, finances, and knowledge of each other’s families and backgrounds. The purpose is to assess whether the marriage is genuine and not entered into solely for immigration benefits.

If inconsistencies emerge during separate questioning, officers may bring both spouses together to explain the discrepancies. Even minor differences in answers can prolong the process or trigger additional scrutiny.

Preparing for the Interview

Strong preparation is essential. Couples should review their application materials together before the interview and ensure they can speak knowledgeably about the timeline of their relationship. Important dates such as when you first met, became engaged, and married should be readily recallable.

Bring original documents to the interview, including your marriage certificate, birth certificates, passports, and evidence of your shared life. Joint financial records, shared lease or mortgage documents, utility bills in both names, photographs from throughout the relationship, and correspondence demonstrating ongoing communication all help establish the bona fides of the marriage.

USCIS now expects comprehensive documentation at the time of filing, and officers will review this evidence closely during the interview.

Be honest and direct in your answers. If you do not remember something, say so rather than guessing. Officers understand that spouses may not recall every detail identically, but significant contradictions or apparent fabrications raise serious concerns. Do not exaggerate or provide information you cannot support.

The Stakes Are Higher

The consequences of a problematic interview have intensified under current policy. If USCIS denies your application while you lack lawful status, you may be referred to immigration court.

USCIS updated its Notice to Appear guidance in 2025 to clarify its authority to initiate removal proceedings against applicants found to be inadmissible or deportable, even in cases involving pending or approved family-based petitions.

A finding of marriage fraud carries permanent consequences. Under the Immigration and Nationality Act, an individual who is determined to have entered a marriage for the purpose of evading immigration laws is permanently barred from receiving immigration benefits based on that marriage, with no waiver available.

Attorney Representation

Given the increased scrutiny and higher stakes, legal representation has become more important than ever for marriage-based green card applicants. An experienced immigration attorney can help ensure your application is complete, identify potential issues before the interview, prepare you for the types of questions officers ask, and attend the interview to protect your rights.

The Law Office of Matthew W. Peterson helps couples navigate the marriage-based green card process and prepare for USCIS interviews. If you have an upcoming interview or are considering filing a marriage-based application, contact our office at 617-295-7500 to schedule a consultation.

This article is advertising and provides general information, not legal advice.

Sources:

8 C.F.R. § 245.6 (interview requirement for adjustment of status applicants).
USCIS Policy Manual, Vol. 7, Pt. A, Ch. 5 (interview guidelines and waiver criteria), available at https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5.
 
USCIS Policy Manual, Vol. 7, Pt. B, Ch. 2 (eligibility requirements for adjustment of status), available at https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2.
 
USCIS Memorandum, Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, PM-602-0187 (Feb. 28, 2025), available at https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf.
 
Immigration and Nationality Act § 204(c), 8 U.S.C. § 1154(c) (prohibition on approval of petitions involving marriage fraud).
 
Stokes v. INS, 393 F. Supp. 24 (S.D.N.Y. 1975).

Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

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