Multiple immigration attorneys have reported that U.S. immigration authorities are arresting certain green-card applicants during their marriage-based interviews at USCIS field offices — a practice rarely seen in recent years and one that is now generating widespread anxiety among undocumented and overstayed immigrants.
According to attorney Saman Nasseri, at least five applicants were detained this month, beginning with the first arrest on November 12. In some cases, spouses accompanying the applicants were handcuffed as well. Nasseri said many families have reached out to his office in recent days, afraid that relatives who attended USCIS appointments were taken into custody mid-interview.
“This is happening inside the interview rooms,” he said. “People are being detained even when they show up voluntarily and have no criminal history.”
Legal Risks for Visa Overstays During Marriage-Based Applications
The individuals arrested were not accused of criminal conduct, attorneys said. Instead, the detentions were tied to long-pending civil violations — primarily overstaying visas after their authorized period had expired. Under immigration law, overstaying is grounds for removal, even when the individual has married a U.S. citizen and is pursuing a lawful adjustment of status.
Immigration lawyer Tessa Cabrera described one such case involving her Mexican client, who has lived in the U.S. since 2002 and has an American-born daughter. After the couple completed their interview, two officers from U.S. Immigration and Customs Enforcement (ICE) approached him, placed him in handcuffs, and transferred him to a detention facility. ICE later confirmed that the Department of Homeland Security had issued an arrest warrant in his case.
For many families, these incidents are turning what is typically a hopeful step toward legal residency into a moment of profound uncertainty.
Attorneys Urge Applicants to Prepare — Not Avoid — Their Appointments
Immigration lawyers stressed that failing to appear for an interview could result in an automatic denial of the green-card application. Yet they are warning applicants to be cautious, maintain communication with legal counsel, and arrange family or childcare plans before attending their appointments.
“People should still go,” Nasseri said. “But they must understand the risk and be prepared. Many of those arrested have U.S.-citizen spouses and children. They were following the process.”
Attorneys emphasized that none of the arrested individuals had criminal records. Their only violation, they said, was remaining in the country beyond the expiration of their visas — a situation affecting large numbers of people who have since married U.S. citizens and are attempting to obtain lawful permanent residency.
ICE Defends Enforcement Actions as National Security Measures
An ICE spokesperson said the recent arrests are part of broader enforcement operations targeting individuals who violated immigration laws, including visa overstays. “We are taking action against those who disregard the rules,” the spokesperson said, describing the measures as essential for strengthening national security and maintaining the integrity of immigration processes.
The agency asserts that many people continue living in the country unlawfully, and that detentions inside USCIS buildings are legally permissible when a civil arrest warrant exists.
But critics argue that detaining applicants during their immigration interviews — traditionally viewed as a cooperative, administrative engagement — could undermine trust in the system, discourage lawful participation, and place families in crisis.
As immigrant communities brace for further enforcement actions, attorneys say the pattern marks a notable shift in how U.S. immigration agencies coordinate, share information, and respond to cases involving overstayed visas.
