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800.567.1234
Entering a USCIS interview should be a hopeful step toward legal status, not a trap. For many immigrants, this interview represents years of waiting, paperwork, and emotional investment. Yet recent reports from attorneys and affected families reveal a troubling trend. Some immigrants are being detained by ICE during or immediately after their USCIS interviews.
In Southern California alone, dozens of visa overstays and marriage based green card applicants have been taken into custody inside USCIS offices. Many had clean records, stable lives, and U.S. citizen spouses. One spouse described the shock clearly: “We walked in expecting a green card. We walked out without my husband.”
These incidents have created fear and uncertainty in immigrant communities nationwide. If you or a loved one have an upcoming USCIS interview for a green card, citizenship, or another immigration benefit, understanding the risks and your legal rights is critical. This guide explains what is happening, who is at risk, what rights you have, and how an experienced immigration attorney can protect you before, during, and after your interview.
For years, USCIS interviews were widely viewed as administrative and relatively safe. Applicants believed that showing up honestly and prepared would move their case forward without enforcement consequences. That assumption is no longer reliable.
Under current enforcement practices, USCIS and ICE may coordinate when an officer identifies a red flag during an interview. These red flags can include past visa overstays, prior deportation or removal orders, inconsistencies in past applications, or suspected fraud. When such issues arise, ICE agents may already be on standby or may be called into the building.
What has changed is how aggressively old immigration violations are being enforced. Issues that were once routinely waived or resolved, especially for spouses of U.S. citizens, are now being used as grounds for immediate detention. In late 2025, reports confirmed arrests of military spouses, parents of U.S. citizen children, and long term overstays with no criminal history directly after marriage-based interviews.
While these actions are lawful under immigration statutes, they represent a sharp shift from prior practice. Attorneys report that this is not limited to one city or region. USCIS offices across the country have seen similar incidents. As a result, no interview should be treated as risk free simply because the applicant followed instructions or has a strong family based case.
Although any applicant can face scrutiny, some individuals are at higher risk if enforcement issues exist in their history.
Marriage based green card applicants with visa overstays are among the most affected. Even short overstays that occurred years ago may appear in USCIS records.
Applicants with prior immigration orders face significant risk. This includes removal orders, voluntary departure orders, or cases that were never fully closed.
Individuals with criminal history or suspected fraud issues are also vulnerable. This can include arrests without convictions, old convictions, or inconsistencies between applications, interviews, or supporting documents.
People who entered the United States without inspection face heightened scrutiny, especially if no legal pathway has fully cured that entry.
Importantly, enforcement is not limited to serious cases. Even minor violations have led to detentions, and individuals with no criminal record at all have been taken into custody. Marriage to a U.S. citizen does not prevent arrest and should not be relied upon as protection.
Even in stressful situations, you have legal rights that can protect you.
You have the right to remain silent if answering a question could harm you. You are not required to volunteer damaging information.
You have the right to bring an immigration attorney or accredited representative to your interview. While they may not answer questions for you, their presence provides oversight and protection.
You have the right to an interpreter if you are not fully comfortable in English. Misunderstandings can have serious consequences.
You have the right to review any document before signing it. Never sign anything you do not fully understand, including statements about removability or voluntary departure.
USCIS offices are not protected locations, meaning ICE arrests are permitted. If ICE appears, remain calm, state that you choose to remain silent, and request your lawyer immediately.
Preparation is one of the most effective ways to reduce risk.
Carefully review your entire immigration history, including past visas, entries, exits, applications, and court records. Do not assume old issues no longer matter.
Ensure every form submitted is truthful, complete, and consistent. Small errors or omissions can raise suspicion.
Organize all supporting documents in advance, including passports, entry records, prior notices, marriage evidence, and tax documents.
Practice interview questions with your spouse or family member. Officers are trained to notice inconsistencies, even minor ones.
Most importantly, consult an experienced immigration attorney before the interview. An attorney can identify risks you may not realize exist and advise you on how to proceed safely.
Having legal counsel involved also signals seriousness and preparedness and can be critical if enforcement issues arise unexpectedly.
If ICE detains you during or after your interview, your response matters.
Stay calm and do not resist physically. Resistance can worsen your situation.
Clearly state that you choose to remain silent and that you want to speak with a lawyer. Repeat this if necessary.
Do not sign any documents, including voluntary departure or statements admitting removability.
You will likely be fingerprinted and issued a Notice to Appear in immigration court.
Have your family contact an immigration attorney immediately. Time is critical once detention begins.
You may be eligible for bond. Your attorney can request bond from an immigration judge and pursue relief such as asylum, waivers, or adjustment of status depending on your case.
Quick legal action can significantly improve your chances of release.
In the current enforcement climate, legal representation is not optional. It is essential.
An experienced immigration attorney can identify red flags before your interview and address them proactively.
They can prepare you for questioning, advise you on what to say and what not to say, and attend the interview when appropriate.
If ICE intervenes, an attorney can protect your rights and prevent irreversible mistakes.
If detention occurs, a lawyer can file emergency bond motions, reopen cases, and fight removal.
They also support your family through an emotionally overwhelming process and keep communication clear and timely.
The Law Office of Daniel Stefan Castaneda focuses on immigration and criminal matters and represents clients nationwide with bilingual support, free initial consultations, and emergency availability.
Yes. USCIS offices are not protected locations, and arrests have occurred during interviews.
Yes. Legal representation helps prevent mistakes and provides immediate protection if ICE appears.
Even short overstays can lead to detention. Legal guidance is strongly advised.
No. Marriage may allow eligibility for benefits, but it does not prevent arrest.
Remain silent, request a lawyer, do not sign anything, and have family contact an attorney immediately.
USCIS interviews should move you closer to legal status, not place you at risk of detention. With increased enforcement and coordination between agencies, preparation and legal support are more important than ever.
If you have an upcoming USCIS interview or were detained unexpectedly, seek legal help immediately. An experienced immigration attorney can protect your rights, fight for your release, and help keep your family together. Your future may depend on it.
The Law Office of Daniel Stefan Castaneda is always there to protect your rights. Give us a call at 619-710-6095, reach out via contact form here, or send a mail to daniel@castalegal.com
