Detained at Green Card Interview in 2025? What You MUST Know Now!

At our immigration law office, we’ve seen firsthand how USCIS interviews are no longer routine for some applicants. In cities like San Diego, New York, Miami, and others across the country, a new wave of enforcement is targeting immigrants with past immigration violations, criminal histories, or unresolved legal issues — even if these issues were long forgotten or previously unknown.

In this in-depth article, we’ll walk you through why this is happening, who is being targeted, and what critical steps you should take to protect yourself before your green card interview. Whether you’re adjusting status through marriage or another process, preparation is more essential than ever.

Why Are Immigrants Being Detained at Green Card Interviews?

The presence of ICE officers at green card interviews isn’t entirely new — but what is new is the frequency and unpredictability of these detainments. In recent months, we’ve seen a sharp increase in clients being taken into custody during what should have been straightforward interviews.

What’s driving this change?

It’s a combination of heightened immigration enforcement, enhanced data sharing between USCIS and ICE, and a renewed effort to pursue unresolved removal orders, warrants, and prior immigration violations. Many individuals don’t even realize there are lingering legal issues in their file — until it’s too late.

A Real Case From Our Office: When an Interview Becomes an Arrest

Let me share a recent case that illustrates exactly how this can unfold.

A 35-year-old U.S. citizen married his wife, a 29-year-old woman from the Philippines. Their relationship was genuine, and she had originally entered the U.S. on a student visa. However, she had unknowingly fallen out of status during her time in school — and unbeknownst to both her and her husband, an old removal order had been issued years earlier.

At the green card interview, the officer reviewed her file, discovered the dormant removal order, and questioned her about it. She didn’t remember ever receiving one. Moments later, ICE agents entered the room, handcuffed her in front of her husband, and took her into custody.

We were able to assist her after the arrest by filing motions to reopen the old order — but the emotional damage and unnecessary detention could have been avoided if we had known about the removal order in advance. Unfortunately, even a FOIA (Freedom of Information Act) request had not revealed it.

This is why transparency and thorough preparation with your immigration attorney are absolutely critical.

Who Is Being Targeted During Green Card Interviews?

While not every applicant is at risk, specific groups are more likely to face enforcement during their USCIS interviews. Here’s a breakdown of common triggers that could lead to detainment:

1. Outstanding Removal Orders or Warrants

If you were ever placed in removal proceedings and missed a court date — even decades ago — you might have a final order of removal. These can remain hidden or inactive for years, but they still exist in the system. Similarly, unresolved arrest warrants, even for civil violations or unpaid tickets, can prompt immediate detention.

2. Criminal History

Any unresolved criminal issue, such as:

• Past DUI charges
• Felonies or misdemeanors
• Violated probation terms
• Criminal fraud or misrepresentation
  can all become red flags. Even if charges were dropped or records sealed, USCIS and ICE often have access to this information through biometric and FBI checks.

3. Allegations of Domestic Violence or Public Safety Risks

Even pending or unproven charges — especially those involving domestic violence — can lead to immediate removal action. For example, if your spouse filed a police report against you, that alone might trigger scrutiny, regardless of whether you were convicted.

4. Prior Immigration Petitions or Suspicious History

If you’ve previously filed an immigration petition — especially a marriage-based one — and that petition was denied due to suspected fraud or lack of evidence, it will still appear in your immigration file. Officers reviewing your current application may reference this history and involve ICE if they suspect a pattern of misrepresentation.

What You Can Do to Protect Yourself Before Your Interview

The most powerful tool you have is preparation. Here’s what every applicant should do before stepping into a green card interview:

✅ Step 1: Gather and Review Your Immigration and Criminal History

Create a timeline of your entire U.S. immigration history. Include:

• Dates of entry
• Visa types
• Any past court appearances
• Previous immigration filings
• Encounters with law enforcement

If anything is unclear or forgotten, that’s a red flag in itself — take it seriously and inform your attorney.

✅ Step 2: Order Your FOIA and FBI Records

Request a complete copy of your immigration file (FOIA) and conduct a fingerprint-based FBI background check. These steps help uncover old deportation orders, arrests, or other issues buried deep in government databases.

✅ Step 3: Work With an Immigration Attorney

Share everything with your attorney — even if you think it’s minor or irrelevant. With the right legal help, prior removal orders can sometimes be reopened or vacated, and past convictions can be legally challenged. But your attorney must know in advance to take action.

Can You Reschedule Your Green Card Interview?

Yes — and if you’re not 100% confident about your case, you absolutely should.

Many people don’t realize that it’s both legal and relatively easy to reschedule your USCIS interview. This can buy you valuable time to:

• Retrieve missing document
• Conduct necessary background checks
• Resolve unresolved legal issues
• Consult with an attorney

If you’re nervous, uncertain, or need more time, do not risk your future by going unprepared. You or your attorney can request to reschedule and receive a new date. Be sure to keep written proof of your reschedule request for your records.

Don’t Let Preparation Be the Reason You’re Detained

Detainment at your green card interview is a terrifying and avoidable situation — but only if you take proactive steps. Immigration officers are under increasing pressure to enforce existing orders and identify potential fraud or threats. That means more applicants are being flagged, investigated, and even detained on the spot.

By thoroughly preparing, knowing your history, and working with a qualified attorney, you can avoid disaster and move forward with confidence.

Need Help Preparing for Your Interview?

If you believe your case may have complications — or you just want the peace of mind of knowing you’re fully prepared — we’re here to help.
🌐 Visit us at: www.usimmigrationtalk.com

Our experienced legal team is ready to review your case, help you uncover hidden risks, and guide you safely through every step of the green card process.

Please don’t wait until it’s too late. Your future in the U.S. depends on it.