A Growing Risk at Green Card Interviews: Can ICE Detain Overstays at USCIS Offices?

For decades, under the Immigration and Nationality Act, immediate relatives of U.S. citizens are permitted to adjust status inside the United States even if they overstayed a visa or worked without authorization. This is not merely a discretionary policy or informal practice. It is written into statutory law under INA section 245(a) and related provisions. An overstay is a civil immigration violation, but it does not, by itself, bar an immediate relative from being granted adjustment of status. Despite this clear legal framework, recent reports suggest a troubling shift in enforcement that families need to understand.

There are increasing reports that some applicants with simple overstays have been detained by Immigration and Customs Enforcement during or immediately after their adjustment of status interview. While this is not an official, nationwide policy, the risk appears to be real, unpredictable, and location-dependent. So far, the arrests have primarily occurred in San Diego. Families who believe an overstay alone is harmless should reconsider that assumption.

What We Know So Far

In the last year, multiple accounts have surfaced from applicants and attorneys describing unexpected ICE involvement at green card interviews. Recently, these reports have included interviews of applicants whose only violation was overstaying their visa. Some individuals reported that officers escorted them from the USCIS office directly into ICE custody. Others described ICE waiting outside the building or arriving shortly after the interview concluded.

Although there is no uniform trend across all states, these reports show that enforcement is not limited to people with criminal records. Certain field offices appear to be coordinating with ICE when an applicant is out of status, has prior deportation proceedings, has past misrepresentations, or has complications in their immigration history. The absence of a criminal record does not guarantee safety.

Why This Is Happening

Several factors may be contributing to this shift.

1. Increased coordination between agencies. USCIS and ICE have been sharing more information. An interview may trigger a system alert showing the applicant’s current lack of status.

   
   

2. Local enforcement priorities. Some ICE field offices interpret their mandate broadly and take action even when the overstay occurred years earlier.

   
   

3. Political and policy volatility. Immigration enforcement patterns can change without public announcements. A local directive or internal policy shift can produce sudden spikes in detentions.

Who Is Most at Risk

While every case is unique, the following groups face higher exposure:

• Individuals who overstayed for long periods.

  
  

• Applicants with any prior immigration encounters, including previous removal orders, missed court hearings, or withdrawn asylum claims.

  
  

• Applicants who provided inconsistent information on past forms.

  
  

• Individuals filing without legal guidance or without fully reviewing their history.

  
  

Even those with clean records have reported unexpected detention, which means every applicant with an overstay must evaluate this risk.

What Families Should Do Before Filing

To protect your family, consider the following steps before starting a marriage-based adjustment case if there is any period of unlawful presence:

1. Conduct a complete review of immigration history. Obtain FOIA records from all relevant agencies, including USCIS, CBP, ICE, and EOIR.

   
   

2. Confirm whether there were any past removal orders or voluntary departure orders. Many applicants do not realize they had one.

   
   

3. Assess all prior entries, exits, visa applications, and statements made to immigration officers. Even small inconsistencies can affect risk.

   
   

4. Work with an experienced immigration attorney. A detailed legal strategy is essential, especially in cases involving overstays.

   
   

5. Understand that the interview is not only about the marriage. Officers also review legal eligibility, past violations, and inadmissibility factors.

   
   

Should You Still Apply for Adjustment of Status

Adjustment of status through marriage remains a valid and lawful option for many people with overstays. Nothing in current law removes that eligibility. However, eligibility does not equal safety. Filing without understanding the full risk may put the applicant in danger.

The decision to proceed should be based on a complete legal review, not assumptions or general advice found on the internet. Every immigration history is different.

Final Message to the Community

If you or your spouse overstayed a visa and are considering applying for adjustment, we strongly encourage you to consult with an experienced immigration attorney before filing or attending an interview. Our team conducts detailed immigration history reviews, obtains and analyzes FOIA records, identifies legal risks, and develops strategies to reduce exposure to potential enforcement.

We understand how important it is to keep families together and to protect clients from unexpected outcomes during the immigration process. If you have questions or want to schedule a consultation, please contact Tran Flores Law at (512) 894-9984. We are here to guide you through the process with accuracy, transparency, and careful planning.