Required HLG resources for this topic (must be read together with this guide):

• HLG: Are Immigrants With a Simple Overstay Being Arrested at USCIS Marriage Interviews?
• HLG: The Quiet War on Marriage-Based Green Cards: Interviews, Delays & Surprise Arrests

QUICK ANSWER

Beginning in November 2025, ICE began arresting marriage-based green card applicants inside the USCIS San Diego Field Office immediately after interviews — including military spouses, parents of U.S. citizen children, and long-term visa overstays with no criminal record.

This marks the collapse of a decades-long understanding that marriage interviews were “safe zones.” They never were protected by law, only custom.

In 2025–2026, overstays — once forgiven under INA §245(a) for spouses of U.S. citizens — are now treated as active grounds for ICE detention, as documented in:
USCIS Marriage Interview Overstay Arrest Guide (2026)

Couples in all major immigration hubs should consider their interview a potential enforcement event unless fully vetted beforehand.

FAST FACTS

• Where arrests happened: USCIS San Diego Field Office
• When: November 12–21, 2025
• Who was detained:
  • overstays
  • ESTA entrants
  • military spouses
  • parents carrying infants
  • visa overstay applicants with no criminal record
• Why this is legal: INA §287 gives ICE civil arrest power
• Why this is new: USCIS + ICE data-sharing increased sharply in 2025
• What triggered arrests: database flags during USCIS check-in
• Who is at risk nationwide: all overstays + anyone with a prior removal order
• Most important HLG resources:
  • Quiet War on Marriage-Based Green Cards
  • Overstay Arrest Guide

INTRODUCTION

“We walked in expecting a green card. We walked out without my husband.”

That’s how one U.S. citizen described the moment ICE entered the interview room at the USCIS San Diego office.

Another spouse described:

“My wife was holding our baby when they handcuffed her.”

A Marine veteran told reporters:

“I served 20 years. My family never imagined this could happen.”

Reddit communities (r/immigration, r/USCIS, r/sandiego), WhatsApp immigrant groups, and TikTok exploded within hours:

• “Is this real?”
• “Don’t go to your interview alone.”
• “This is a trap.”

For decades, marriage interviews were predictable and safe.
In 2025–26, this is no longer the case.

HLG warned earlier in:
👉 The Quiet War on Marriage-Based Green Cards

Now the warning is reality.

“WHAT JUST CHANGED?”

Marriage-based green card interviews are no longer safe from ICE enforcement.

ICE arrests have occurred inside USCIS offices, even when the only issue is an overstay.

Full analysis:
Overstay Arrest Guide (USCIS Marriage Interviews 2026)

Timeline: San Diego Arrests (November 2025)

• Nov 12: First arrest confirmed
• Nov 14: Two additional arrests, one military spouse
• Nov 18: Mother with infant detained
• Nov 19–21: Multiple additional cases reported to attorneys

Old System vs New Reality

Before 2025	After Nov 2025
Overstay forgiven under §245(a)	Overstay → ICE detention trigger
Interviews considered safe	Interviews now enforcement points
USCIS and ICE separation	USCIS → ICE data pipeline
Arrests rare	Arrests confirmed in multiple cases

 

 DEEP-DIVE:  WHAT CHANGED IN 2025–2026?

1. End of the Safe Zone Myth

There has NEVER been a federal law that protects applicants at USCIS offices.
The “no ICE at interviews” assumption was custom, not statute.

ICE always had authority to arrest inside USCIS.

2025 is the first year ICE is using that authority aggressively.

2. Overstay = Detention Trigger (Even in Good-Faith Marriages)

Under INA §245(a), spouses of U.S. citizens could adjust status despite:

• overstaying
• working without authorization
• status gaps

ICE is now treating overstays as active unlawful presence, making you removable on the spot.

HLG analysis:
Overstay Arrest Breakdown

3. New USCIS → ICE Data Sharing

What happens when you check in at your interview:

1. USCIS officer scans your ID
2. DHS systems refresh your history
3. Flags appear:
   • overstay
   • prior border encounter
   • missed court date
   • prior removal order
   • ESTA overstay
4. System notifies ICE
5. ICE officers appear in or near the interview area

This is “interoperability” — a DHS initiative expanded in 2025.

4. Confirmed San Diego Arrests (Media Verified)

Media reports confirm:

• military spouses detained ([NBC San Diego])
• UK mother carrying baby arrested
• long-term overstays handcuffed
• ESTA overstays targeted
• interviews interrupted by ICE entry

This is not rumor.
It is documented, photographed, and publicly reported.

LEGAL AUTHORITY: WHY ICE CAN DO THIS

INA §287(a) — Civil Immigration Arrest Power

Allows ICE to arrest any removable person without a judge’s warrant.

Administrative warrants (Form I-200)

Signed by ICE, not a court. Legally valid for arrest at USCIS.

INA §236 — Detention Pending Proceedings

Allows ICE to detain individuals after the arrest.

INA §239 — Notice to Appear

USCIS can refer your case to ICE, triggering an NTA.

Detainers (I-247A)

ICE can issue detainers even if they don’t arrest immediately.

No “safe zone” statute

There is no law stopping ICE from arresting at USCIS.

This is why the San Diego arrests are controversial — but legal.

 WHO IS MOST AT RISK?

EXTREMELY HIGH RISK

• Long visa overstay
• Any prior removal order
• Entered without inspection (EWI)
• Missed court date (in absentia order)
• ESTA overstay
• Prior ICE encounter
• Unfiled criminal charges
• Fraud/misrepresentation issues
• Fake passport or altered ID in past

MODERATE RISK

• Overstay under 6–12 months
• Unauthorized work + overstay
• Gaps in status
• Prior visa denials
• Asylum filing history

LOWER RISK

• In status at time of filing
• K-1 entrants
• Lawful entry + adjustment
• 245(i) beneficiaries

Even “low risk” applicants are not immune.

 CASE STUDIES

Case 1: Military Spouse Arrested in Front of Children

• No criminal history
• Entered legally, overstayed
• Bona fide marriage
• Detained immediately after interview

Case 2: UK Mother Arrested Holding Infant

• ESTA overstay
• Detained mid-interview
• Released only after media coverage

Case 3: 9-Year Overstay Applicant

• No criminal history
• Interview paused → ICE arrival
• Detained on the spot

 CHECKLIST

Marriage Green Card Interview — ICE RISK CHECKLIST (2025–2026)

SECTION 1 — ABSOLUTE HIGH-RISK FLAGS

If ANY of these apply, you must speak to an attorney before attending:

• ☐ Visa overstay of more than 6 months
• ☐ Visa overstay of more than 1 year
• ☐ Entered the U.S. without inspection (EWI)
• ☐ Prior removal order (even if unaware)
• ☐ Missed court date (in absentia order)
• ☐ Prior ICE check-ins or encounters
• ☐ Old voluntary departure order
• ☐ ESTA overstay
• ☐ Criminal history (even minor or expunged)
• ☐ TPS, DACA, asylum denials
• ☐ Worked without authorization + overstay
• ☐ Fraud/misrepresentation issues

SECTION 2 — MODERATE RISK FACTORS

These require caution + legal prep:

• ☐ Overstay of less than 6 months
• ☐ Gaps in status
• ☐ Pending I-130 but no filed I-485
• ☐ Incorrect or inconsistent prior visa records
• ☐ Unauthorized employment
• ☐ Previous visa denials abroad

SECTION 3 — LOW RISK (BUT STILL PREPARE)

You may still face ICE if DHS finds certain flags:

• ☐ In-status student or worker married to USC
• ☐ K-1 entrant
• ☐ Lawful entry + short overstay
• ☐ 245(i) grandfathered

 SECTION 4 — WHAT TO DO BEFORE THE INTERVIEW (MANDATORY)

• ☐ Conduct a full immigration history audit
• ☐ Check for unknown removal orders
• ☐ Review all DS-160/visa entries for consistency
• ☐ Ask lawyer whether to bring counsel
• ☐ Prepare honest but minimal answers
• ☐ Pack documents separately (Applicant vs USC Spouse)
• ☐ Do not volunteer extra information

 SECTION 5 — WHAT TO DO IF ICE APPEARS

• ☐ Remain calm; do NOT resist
• ☐ Request to see warrants or documentation
• ☐ Do not sign anything without attorney review
• ☐ Provide attorney contact information only
• ☐ U.S. spouse should:
  • ☐ Document officer names
  • ☐ Gather all paperwork
  • ☐ Contact lawyer
  • ☐ Notify family
  • ☐ Request detention location

SECTION 6 — IMMEDIATE NEXT STEPS AFTER ARREST

• ☐ Contact immigration lawyer
• ☐ Prepare bond package
• ☐ Obtain medical records if needed
• ☐ Locate detainee (ICE online locator)
• ☐ Maintain proof of bona fide marriage
• ☐ Continue all filings

 

ICE ARREST RESPONSE WALLET CARD (2025–2026)

(Carry this with you to your USCIS interview)

 

IF ICE STOPS YOU

Say only this:

“I wish to remain silent. I want to speak to my attorney.”

DO NOT

• Do NOT run
• Do NOT resist
• Do NOT sign anything
• Do NOT answer detailed questions
• Do NOT volunteer immigration history

YOU HAVE THE RIGHT TO

• ask why you’re being detained
• ask for the officer’s name
• ask if they have a warrant
• contact a lawyer
• refuse to sign forms

CALL MY ATTORNEY

Herman Legal Group
216-696-6170
Book Online

TELL MY FAMILY I AM DETAINED

(Write your spouse/partner emergency contact below)

Name: ____________
Phone: ___________

FIND ME IN ICE DETENTION

Use: ICE Online Detainee Locator System

IF I AM TAKEN TO DETENTION

My spouse should immediately gather:

• marriage evidence
• I-130/I-485 receipts
• passports
• medical conditions list
• attorney contact sheet
• lease/bills/photos

REMEMBER

Your silence protects you.
Your lawyer defends you.
Your spouse documents everything.

KEY INSIGHTS USCIS WON’T TELL YOU

• Overstays are being used as arrest triggers.
• There is no safe zone.
• USCIS cannot stop an ICE arrest.
• ICE can wait inside or outside the building.
• I-130 approval does NOT protect you.
• Your answers during the interview can activate ICE.
• Nationwide expansion is very possible.
• Couples need risk audits before attending interviews.

REACTION FROM VETERAN IMMIGRATION ATTORNEY RICHARD HERMAN

“For the first time in decades, immigrant spouses must treat USCIS interviews as possible ICE enforcement zones.”

“Overstay forgiveness under INA 245(a) is no longer functioning in practice the way it did for decades.”

“Families believed these interviews were safe. They’re not.”

“This pattern can spread to any USCIS office nationwide.”

“Couples must conduct a pre-interview risk audit. It’s now essential.”

60-QUESTION FAQ

STATUS, OVERSTAY & LAWFUL PRESENCE

Q1: Can ICE really arrest me at a green card interview?

A: Yes. Multiple arrests occurred in San Diego in November 2025.

Q2: Does being married to a U.S. citizen protect me from arrest?

A: No. Marriage offers no protection from ICE.

Q3: Is an overstay enough to get detained?

A: Yes. Overstay = removable = ICE jurisdiction.

Q4: I overstayed by years. Am I high risk?

A: Yes. Long overstays consistently trigger ICE attention.

Q5: What if I overstayed only months?

A: Lower risk but still possible.

Q6: What if I worked without authorization?

A: Unauthorized work may trigger secondary questioning; ICE focuses more on overstay + removal history.

Q7: What if I entered through ESTA?

A: ESTA overstays are high-risk because ESTA = no court hearing.

PRIOR IMMIGRATION HISTORY

Q8: How do I know if I have a prior removal order?

A: Many people don’t know; you need an attorney FOIA/EOIR check.

Q9: Can an old deportation case be reactivated?

A: Yes. ICE may resurrect cases from years ago.

Q10: I missed a court date 10 years ago. Is that dangerous?

A: Yes. Very dangerous.

Q11: I had DACA before. Does that help?

A: Not if you overstayed or have prior orders.

Q12: I filed asylum before. Am I at risk?

A: Possibly. Asylum denials or withdrawals can create exposure.

INSIDE THE INTERVIEW

Q13: Does USCIS warn applicants about ICE presence?

A: No.

Q14: Will the officer hint at an arrest?

A: No. Officers often don’t know until ICE arrives.

Q15: Can I record the interview?

A: No. Federal buildings prohibit recording devices.

Q16: Should I disclose unauthorized work?

A: Only with attorney guidance.

Q17: Should I admit to overstay?

A: Be truthful—but statements can be used by ICE.

Q18: Can I bring a lawyer into the interview?

A: Yes. Strongly recommended for risk cases.

Q19: Can my lawyer stop the arrest?

A: No, but they can respond immediately and prepare defense.

ICE ARREST SCENARIOS

Q20: Can ICE arrest me inside the interview room?

A: Yes.

Q21: Can ICE arrest me in the hallway?

A: Yes.

Q22: Can ICE arrest me in the lobby?

A: Yes.

Q23: Can ICE arrest me in the parking lot?

A: Yes. This is common.

Q24: Can ICE arrest me on the way out?

A: Yes. Arrests often occur after interviews.

Q25: Can ICE arrest me before the interview begins?

A: Yes. Check-in triggers database scans.

WHAT HAPPENS IF ICE ARRESTS SOMEONE?

Q26: Will ICE tell my spouse where I am taken?

A: Not automatically.

Q27: Will they take me to an ICE detention center?

A: Likely yes.

Q28: Will I see an immigration judge?

A: Depends on ESTA, prior orders, or expedited removal.

Q29: Can I get bond?

A: Possibly, depending on criminal and immigration history.

Q30: What if I have a medical condition?

A: ICE still detains many with conditions; documentation is essential.

LEGAL STRATEGY & PROTECTION

Q31: Should I cancel my interview?

A: That risks denial for abandonment; consult attorney.

Q32: Can I reschedule to buy time?

A: Possibly, if justification is valid.

Q33: Should my U.S. spouse attend?

A: Yes.

Q34: Should I hire a lawyer ahead of time?

A: Yes—if ANY red flag exists.

Q35: What are the biggest red flags?

A: Overstay, prior removal, entry without inspection, criminal history.

Q36: What if my marriage is 100% real?

A: Bona fide marriage does not prevent civil detention.

Q37: What if I filed the I-130 correctly?

A: Filing does not grant legal status or immunity.

Q38: What if my I-130 is already approved?

A: ICE can still detain you.

RISKS BASED ON ENTRY TYPE

Q39: What if I entered legally?

A: Still removable if you overstayed.

Q40: What if I crossed the border illegally (EWI)?

A: High-risk situation; USCIS may refer to ICE.

Q41: What if I have §245(i)?

A: Helpful, but ICE may still detain.

FAMILY IMPACT

Q42: Will ICE consider my U.S. citizen children?

A: Not during the arrest stage.

Q43: Can my family visit me in detention?

A: Depends on the facility.

Q44: Will my petition continue while I’m detained?

A: Possibly, but logistics become complex.

AFTER ARREST

Q45: How fast can a lawyer help?

A: Immediately if prepared.

Q46: Can my spouse file habeas corpus?

A: Sometimes, depending on detention legality.

Q47: Can I still get a green card after arrest?

A: It depends on the charge and proceedings.

CITY-SPECIFIC QUESTIONS

Q48: Is this happening only in San Diego?

A: For now—but likely to spread.

Q49: Could this come to Los Angeles?

A: Yes—high immigrant population.

Q50: Could this come to Houston?

A: Likely.

Q51: Could this come to New York City?

A: USCIS/ICE integration suggests it could.

ATTORNEY & PREPARATION QUESTIONS

Q52: Do I need a lawyer if I have no red flags?

A: Not mandatory, but increasingly wise.

Q53: Can I do a pre-interview risk audit?

A: Yes—recommended.

Q54: Will an attorney’s presence deter ICE?

A: No—but it provides protection.

Q55: Should I review my DS-160 or entries?

A: Yes—consistency matters.

MISCELLANEOUS

Q56: Are marriage green cards being targeted politically?

A: Enforcement patterns suggest increased scrutiny.

Q57: Is this constitutional?

A: Courts have upheld civil immigration arrests in federal buildings.

Q58: Are all USCIS offices affected?

A: Not yet.

Q59: Do arrests happen in Stokes interviews too?

A: Potentially yes; high-tension situations.

Q60: Should we postpone marriage plans?

A: Not necessarily—just proceed with strategic planning.

RESOURCE DIRECTORY

MEDIA COVERAGE OF ICE ARRESTS AT USCIS MARRIAGE GREEN CARD INTERVIEWS (2025)

 

NBC SAN DIEGO — PRIMARY SOURCE COVERAGE

• Families Detail ICE Arrests at Green Card Interviews (NBC 7 San Diego)

Read at: NBC San Diego – Families Detail ICE Arrests at Green Card Interviews

• “I Kind of Feel Betrayed”: ICE Arrests Military Spouses at San Diego Interviews (NBC 7)

Read at: NBC San Diego – ICE Arrests Military Spouses at Interviews

• San Diego Members of Congress Question ICE Arrests in Interviews (NBC 7)

Read at: NBC San Diego – Members of Congress Question Arrests

• ICE Making Arrests at US Immigration Services in San Diego (NBC 7)

Read at: NBC San Diego – ICE Making Arrests at Interviews

SAN DIEGO & REGIONAL NEWS

• ICE Detentions at USCIS Offices Continue — Norwegian Diabetic Woman Detained (ABC 10 News San Diego)

Read at: ABC 10 News – Norwegian Diabetic Woman Detained at USCIS Interview

• ICE Arrests Expand to Green Card Appointments in San Diego (Daylight San Diego)

Read at: Daylight San Diego – ICE Arrests at Green Card Appointments

INTERNATIONAL MEDIA & GLOBAL COVERAGE

• US Agencies Detaining Foreigners During Green Card Interviews (India Today)

Read at: India Today – ICE Detaining Foreigners at Interviews

• Green Card Hope to Handcuffed Reality — Trouble for US Spouses (NDTV)

Read at: NDTV – Green Card Hope to Handcuffed Reality

U.S. NATIONAL OUTLETS

• Your U.S. Green Card Interview Can End in Arrest, Warn Immigration Attorneys (Business Standard)

Read at: Business Standard – Interview Can End in Arrest

• UK Woman Arrested at Green Card Interview Freed Before Thanksgiving (People Magazine)

Read at: People Magazine – UK Woman Freed After Arrest at Interview

• UK Woman Detained by ICE After Interview; Freed in Time for Thanksgiving (New York Post)

Read at: New York Post – UK Woman Arrested After Interview

LEGAL & IMMIGRATION NEWS OUTLETS

• Troubling New Tactic: ICE Detentions During USCIS Green Card Interviews (Visa Lawyer Blog)

Read at: Visa Lawyer Blog – ICE Detentions During Interviews

• Mother Detained by ICE at Interview With 6-Month-Old Baby in Arms (Mebane Enterprise)

Read at: Mebane Enterprise – Mother Detained at Interview

CIVIL RIGHTS OR ADVOCACY SOURCES DISCUSSING ICE ARRESTS AT INTERVIEWS

• ICE Says It May Arrest Immigrants Showing Up for Interviews (ACLU/RI)

Read at: ACLU Rhode Island – ICE May Arrest Immigrants at Interviews

Government

• USCIS — I-485 Adjustment of Status
• USCIS Policy Manual
• ICE Enforcement & Removal Operations
• Federal Register
• INA — Full Statutory Text

Herman Legal Group

• USCIS Marriage Interview Overstay Arrests (2026)
• Quiet War: Marriage-Based Green Cards
• Marriage Green Card Timeline
• Adjustment Interview Preparation Guide
• Why ICE Is So Aggressive
• Book a Consultation

KEY TAKEAWAYS

• Marriage green card interviews are no longer safe.
• Overstay alone can result in ICE arrest.
• USCIS offices are not protected zones.
• Legal preparation is now essential.
• Applicants nationwide may face similar risks soon.
• Couples must develop interview safety + emergency plans.
• Immigration law remains the same — but enforcement is not.

 

Worried About Your Marriage Green Card Interview? You’re Not Alone — and You Don’t Have to Walk In Unprotected.

If you or your spouse is overstayed, has status gaps, prior visa issues, unauthorized work, or you simply feel unsafe after the San Diego ICE arrests, you cannot treat your USCIS interview like a routine appointment.

Today, a marriage interview can be:

• a green card approval, or
• an ICE enforcement event

— and couples have almost no way to know which without a legal risk assessment.

This is exactly why families across the U.S. are calling Richard T. Herman.

Richard is a nationally recognized immigration attorney with 30+ years of experience, and he:

• represents clients in all 50 states
• prepares ICE-risk audits
• attends marriage interviews (in person or via attorney appearance)
• intervenes when ICE targets overstay cases
• builds emergency defense plans for couples with ANY risk factors

When ICE can legally walk into a USCIS interview anywhere in the country, experience matters more than ever.

Don’t Go In Blind. Don’t Go In Alone.

A  risk assessment could determine whether:

• you’re safe to attend your interview
• you should reschedule
• you need an attorney present
• you should prepare an ICE emergency plan
• you need protective filings before the interview

One conversation can change everything.

Speak With Richard T. Herman Today

Protect your spouse. Protect your future. Protect your family.

👉 Schedule a Confidential Consultation
(Available Nationwide — Zoom, Phone, WhatsApp, or In-Office)

Because when a marriage green card interview becomes an ICE trap,
your lawyer is your shield.

Phone:  216-696-6170