Your US green card interview can end in arrest, warn immigration attorneys

Immigration attorneys say ICE is detaining visa overstays during San Diego green card interviews, with spouses of US citizens taken into custody and families shaken

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Imagine going for a green card interview at a United States Citizenship and Immigration Services (USCIS) office and walking out in handcuffs. According to several immigration attorneys, this is now part of the American immigration system. In a report covered by the New York Times and CBS 8, US Immigration and Customs Enforcement (ICE) has begun detaining people during green card interviews at USCIS offices.

 

“ICE and USCIS have started implementing a policy where ICE is now making arrests at USCIS offices during the green card interviews on anyone who is a visa overstay. If they’re out of status, ICE makes that arrest at the interviews,” said Saman Nasseri, immigration attorney, as quoted by CBS 8.

 

Attorneys say the practice applies even to those who entered legally and have no criminal record. Responding to the report, American immigration attorney Charles Kuck tweeted, “This is also true. Evil, but true.”

 

Nasseri told CBS that five of his clients were detained last week. All were spouses of US citizens going through the standard green card process, and none had any criminal history. “None of my clients have any arrests or criminal history. These are just cases where they entered legally and overstayed their visa, all of my cases right now are people that have been married to US citizens, so these are spouses of US citizens that are going through the normal process, the normal channels, and they're being taken into custody,” Nasseri said.

 

Immigration attorney Habib Hasbini reported similar situations. He said the detentions appear limited to the San Diego USCIS office. “The first one was November 12, the eve of the memo that came down from ICE. After that, I had four to follow through, but I've been getting a lot of phone calls from people who were arrested from the same facility,” Hasbini said. “I have relationships with many attorneys working in many other counties; this is not happening for their clients in their vicinity, or it's only happening in San Diego,” Hasbini added. 

 

Hasbini advised those with upcoming green card interviews to attend their appointments but to prepare for the possibility of detention, as missing an interview can lead to a denial for abandonment.

 

Arrests in front of families

 

Reports from The Mirror describe ICE agents entering green card interview rooms in San Diego and arresting at least two immigrants in front of their American spouses and a six-month-old infant. The incidents took place days after the November 12 start of the new wave of arrests.

 

In one case, Audrey Hestmark, the American wife of German national Tom Bilger, said three masked ICE agents handcuffed her husband and showed a QR code instead of formal identification, according to CTN. In another case, Stephen Paul watched ICE arrest his British wife, Katie. The couple had planned to stay in the United States during her high-risk pregnancy. ICE reportedly grabbed her infant while she was breastfeeding him and took her into custody, according to a video now viral on social media. 

 

What ICE says

 

An ICE spokesperson told CBS 8 that the agency is “committed to enforcing federal immigration laws through targeted operations that prioritise national security, public safety, and border security.” The statement said that individuals unlawfully present in the country, including those out of status at federal sites such as USCIS offices, may face arrest, detention and removal under US immigration law.

 

ICE also noted that self-deportation remains the safest option for people living illegally in the United States, adding that tools such as the CBP Home app are available to help with the process.

 

Impact on migrant communities

 

Immigration attorneys say the arrests during green card interviews are unprecedented and could deter people from attending appointments, even when they are eligible for adjustment of status, reported The Mirror. Families are already seeing immediate effects, including sudden separation from spouses or children and uncertainty about their immigration cases.

 

As Stephen Paul said, “We had done everything they asked us to do. We were told it was the right procedure. And despite all that, they arrested her.”

 

Earlier in September, USCIS shared a post about an immigrant from Cuba who visited its Louisville, Kentucky office to seek a Green Card. Officers identified that he already had a pending case before the immigration court and a criminal history with arrests for theft and strangulation. He was detained by ICE. 

 

According to official US government data, 16,523 people in immigration detention with no criminal record were arrested by ICE till September 2025. This compares with 15,725 people who do have a criminal record and 13,767 with pending criminal charges.

 

There were 59,762 people in ICE detention across the country. The remaining people in custody had been brought in by border officials.