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ICE Arrests at Marriage Green Card Interviews? What Every Couple Needs to Know to Stay Prepared

ICE Arrests at Marriage Green Card Interviews? What Every Couple Needs to Know to Stay Prepared

According to the reports of several news outlets, since November 12, 2025, ICE agents have detained the spouses of U.S. Citizens almost right after the green card interviews.

If you are staying in the U.S. holding an EB-1A green card or something equivalent, this news is extremely relevant to you. You need to be legally aware and informed on how to navigate such situations and protect yourself or your spouse.

These types of arrests have been confirmed in Cleveland, New York City, and Utah. The groups of detained individuals are also from mixed demographics, including a British mother, a Ukrainian refugee, the wife of a retired Marine Corps Staff Sergeant, and a German man with his first upcoming wedding anniversary.

What are the charges against the detainee?

From the sources, we came to know that the individuals detained had no prior criminal history. Their sole immigration violation was overstaying a visa. This particular issue has not raised any cause for concern to the applicants and the U.S. Citizens, at least not to such a serious degree.

Certain sources also indicate that the arrests are being made very rapidly and often without any prior notice. According to MWP or Matthew W. Peterson, Attorney at Law, a San Diego attorney, has reported observing around thirty-nine arrests in a single day during a week in mid-November.

Why are these criminal charges and detention unlawful?

Theoretically, in the federal law, the spouses of U.S. citizens are considered immediate relatives. This category of relatives is supposed to get special treatment in the adjustment of status process. The Immigration and Nationality Act is also supposed to exempt immediate relatives from the bars to adjustments. The latter usually applies to individuals who overstay their visas, work without authorization, or commit other types of non-compliance with legal status.

Moreover, most immigration practitioners have also not heard of these types of arrests at the Green card interview before. The reason is simple and intuitive: the green card interview process itself is the way to provide a legal way to rectify their situation. Most notably, USCIS’s own policy manual itself confirms that the statutory bar at INA 245(c) (2) does not apply to immediate relatives, a category that the spouses fall under.

However, in the current circumstances, things are different since the ICE has explicitly stated that individuals who are unlawfully staying in the U.S. may face arrests at the Federal facilities.

Who are at the bitter edge of the swords?

In general, anyone who has a spouse who is awaiting a status change should take extra caution. The most vulnerable are the ones who have a history of visa overstays or are currently overstaying their visas. Moreover, many applicants might not be acutely aware of every detail in their immigration history without reviewing all of it in the presence of an immigration attorney. Most reports implicitly indicate that USCIS officers may notify ICE when certain applicants with red flags appear at the interview. So, we would generally suggest that you review your history well with an experienced lawyer before going into the interview.

What would be the best way to prepare for such unforeseen events?

Couples and individuals with spouses preparing for an immigration interview should approach the process with both practical readiness and informed caution. Any applicant who has experienced a visa overstay, status violation, or has gaps or uncertainties in their immigration history should consult an experienced immigration attorney before attending a scheduled interview.

An attorney can request FOIA records to uncover past filings, check for unknown or old removal orders, and assess whether ICE may have flagged a case. These steps can prevent serious surprises at the interview stage. You should also prepare for contingencies. U.S. citizen spouses are advised to keep copies of all critical documents, including passports, marriage certificates, prior immigration filings, and attorney contact details, in an easily accessible place.

They should also know how to use ICE’s detainee locator system and understand the basics of requesting a bond hearing if detention occurs. If an arrest or detention happens, the foreign national spouse should avoid making any statements or signing documents without legal counsel present, as even casual remarks can have lasting consequences.

At GCEB1, our EB-1A experts are constantly staying updated on all the shifts and constantly sharing useful information, news, and tips. Look into our blog section for useful information on immigration and the latest updates in the U.S. immigration landscape.

Sources & Further Readings

  1. Business Standard.“Your US Green Card Interview Can End in Arrest, Warn Immigration Attorneys.” Business Standard, January 2026.
  2. NBC Washington. “I Kind of Feel Betrayed’: Green Card Interviews End in Handcuffs for Military Spouses.NBC Washington, November 26, 2025.
  3. NBC 7 San Diego."ICE Making Arrests During Green Card Interviews in San Diego, Attorneys Say."NBC 7 San Diego, November 14, 2025.
  4. Sabrina Li Law. “Disturbing Trend: ICE Detaining Immigrants at USCIS Green Card Interviews.” Law Offices of Sabrina Li, January 9, 2026. https://www.sabrinali.law/post/disturbing-trend-ice-detaining-immigrants-at-uscis-green-card-interviews
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