During the month November, there were several reports that U.S. Immigration and Customs Enforcement (ICE) agents have started detaining green card applicants during or immediately after their interviews at U.S. Citizenship and Immigration Services (USCIS) field offices, most notably in the San Diego field office. Arrests reportedly involved visa “overstays” only (i.e., individuals whose visas expired rather than those with criminal history), including spouses of U.S. citizens, military spouses, and other immediate relatives seeking adjustment of status. Previously, overstays by immediate relatives applying under INA § 245(a) were traditionally regarded as “forgiven” and were not considered grounds for arrest at interview.
The sudden arrests appear to reflect a policy or operational shift: ICE and USCIS now share data more closely, and ICE is reportedly treating USCIS interviews as “capture points.” There has been no new executive order or formal ICE announcement warning of any change in policy. Further, many of the detained spouses followed the proper protocol for applying for green cards, arriving at their interviews with all the proper documentation. When questioned, ICE explained that many of the detained spouses had overstayed tourist visas or work permits. It’s common for green card applicants’ temporary visas to lapse if the USCIS review process takes several months or longer. While federal law doesn’t prohibit detaining the spouses of U.S. citizens, immigration authorities rarely ever do so.
Some of the spouses are still in custody. In one instance, the government released a detained spouse and even granted her a green card after her lawyer filed a lawsuit in federal court. The incident highlights the importance of always having an experienced immigration attorney. While limited to specific USCIS locations, these practices could expand to other USCIS field offices going forward. All green card applicants should be on high alert.
As always, Immigrantion USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.