Can a U.S. Green-Card Interview Turn Into an Arrest? Immigration Attorneys Warn: “This Is Evil, But True

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In recent weeks, a wave of troubling incidents has shaken the immigrant community across the United States, especially in California. Immigration attorneys are raising alarms after several people were arrested by ICE during their own green-card interviews—a process that was historically considered a routine administrative step toward obtaining permanent residency. What was once a straightforward path to legal status has suddenly become a point of fear and uncertainty.

According to reports from San Diego and national media, individuals who overstayed their visas—many of them married to U.S. citizens—were detained at the USCIS field office immediately after arriving for their scheduled interview. Lawyers say some of the detained applicants had no criminal history and had come to the interview expecting to resolve their immigration status through the lawful process. Their only violation was being “out of status.” One attorney described the situation bluntly: “This is evil, but true.”

What makes the situation especially controversial is that green-card interviews have traditionally been treated as benefit-processing events, not enforcement traps. USCIS even has internal guidelines stating that applicants should not be arrested at interviews except in extraordinary circumstances. But recent reports show that ICE officers are now waiting inside or near USCIS offices, ready to detain individuals whose immigration history contains any violation—no matter how minor or long ago it occurred.

Attorneys say this shift has created deep fear among immigrant families. In some cases, arrests allegedly took place in front of U.S. citizen spouses, young children, and even infants brought along to the appointment. One case described a mother being detained while her six-month-old baby cried in the interview room. Many families are left confused and devastated, unsure how a process meant to formalize legal residency could suddenly end in handcuffs.

The policy clash between USCIS and ICE has intensified the controversy. While USCIS handles immigration benefits, ICE handles enforcement. Critics argue that using marriage-based green-card interviews as arrest points undermines trust in the system and discourages lawful attempts to fix immigration status. Several U.S. lawmakers have demanded explanations, especially after reports that even military spouses were detained during interviews.

For immigrants, the situation creates a painful dilemma. Attending the interview is required to obtain a green card, yet attending may now carry the risk of detention if visa deadlines were ever missed. On the other hand, skipping the interview results in automatic denial of the application. This contradiction places thousands of families in a state of uncertainty.

Immigration advocates warn that if this practice continues, it could lead to long-term damage—deterring eligible immigrants from applying, separating families, and overwhelming detention facilities. Meanwhile, ICE maintains that it is simply enforcing immigration law as written, including the authority to arrest individuals unlawfully present anywhere within the country, even at USCIS offices.

What is clear is that the American dream of lawful permanent residency is becoming increasingly unpredictable. A step meant to bring stability and certainty to immigrant families is, for some, turning into a moment of fear and detention. As one attorney put it, “No one should have to choose between fixing their status and losing their freedom.”

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