Start with these Herman Legal Group investigations documenting the arrests at USCIS marriage interviews — including those in San Diego involving couples with no criminal records:

USCIS Marriage Interview Overstay Arrests (2026)
Detailed walkthrough of the 2025–26 enforcement surge, including San Diego arrests of clean family-based applicants.
The Quiet War on Marriage-Based Green Cards: Interviews, Delays, Arrests
Why ICE Is Now Waiting at USCIS Interviews (Marriage Overstay Arrests Explained)
Married to a U.S. Citizen — Still Handcuffed (San Diego ICE Interview Arrests)
Extensive analysis of San Diego cases where clean, bona fide marriage applicants were detained during routine interviews.

QUICK ANSWER

Yes.

ICE can arrest you at your green card marriage interview even if you overstayed just a few days or weeks — and recent documented cases prove they do.

Throughout 2025–2026, reporters, attorneys, and families have confirmed that ICE detained multiple marriage-based green card applicants in San Diego, including:

People with clean backgrounds

No criminal convictions

No prior immigration violations beyond a short overstay

Genuine marriages to U.S. citizens

Couples who brought children and newborns to the interview

The San Diego field office is now widely recognized — including by NBC San Diego, AP, and Reuters — as a national hotspot where ICE is positioned inside or adjacent to USCIS interview spaces.

The new enforcement environment means that even minor overstays now appear in DHS systems as “removability triggers,” and ICE is making arrests during interviews that used to be safe.

This article provides the complete 2026 guide to the risk.

FAST FACTS

ICE has full authority to arrest anyone who overstayed — even 3–14 days — during a USCIS marriage interview.
The San Diego USCIS Field Office became the first in the nation where multiple media outlets reported family-based applicants with no criminal history being detained during routine interviews.
Arrests occurred despite:
- Bona fide marriages
- Clean records
- Children present
- Short overstays
From 2010–2024, these cases were almost always forgiven.
In 2025–2026, DHS’s enforcement approach changed:
short overstays = detain + NTA in certain offices.
A small overstay is not a crime, but ICE still has arrest authority because it is a removable violation.
USCIS can issue an NTA instead of arresting — but ICE is choosing arrest in several cities (especially San Diego).
Any prior visa issues + overstay increases risk.
GEO hotspots now include:
San Diego, Houston, Miami, Atlanta, NYC (Queens), Newark, Chicago.

INTRODUCTION: WHY THIS QUESTION MATTERS IN 2025–2026

For more than a decade, marriage-based adjustment interviews for couples involving small overstays were considered routine, safe, and predictable.
USCIS adjudicators focused on whether the marriage was real — not on punishing technical status violations.

But starting late 2024 and accelerating through 2025–2026, a series of high-profile arrests in San Diego — covered by NBC San Diego, India Today, NDTV, and other outlets — changed everything.

San Diego suddenly became:

The testing ground for ICE–USCIS coordinated enforcement
A model for other offices to replicate
A national warning sign for immigrant couples

What shocked attorneys and families was this:

➤ The people being arrested in San Diego were the lowest-risk immigration category in America.

They were:

Married to U.S. citizens
With clean records
No criminal conduct
No fraud indications
No past deportations
No security flags
Sometimes overstayed only 5–20 days

Yet ICE detained them during a routine interview.

These San Diego arrests forced attorneys nationwide to rethink the risks of even minor overstays.

This article integrates:

New government patterns
San Diego field reports
DHS database behavior
Attorney case experience
Verified citations
High-risk city targeting
USCIS adjudication trends
ICE operational shifts

It is the most comprehensive 2026 resource for overstays facing marriage interviews.

RISK LEVEL BY LENGTH OF OVERSTAY

Overstay Length	USCIS View (2025–26)	ICE View (2025–26)	Arrest Risk Level	Notes
1–14 days	Historically forgiven	Unlawful presence = arrest authority	Low → Medium	San Diego has shown arrest is still possible
15–30 days	Slightly higher scrutiny	Matches ICE “removability” queue	Medium → High	Multiple San Diego cases involved 2–3 week overstays
30–180 days	Bumps into inadmissibility concerns	ICE highly responsive	High	Known trigger zone in San Diego/Houston
180+ days	3/10-year bars apply	Strong ICE interest	Very High	Worst-case scenario offices: San Diego, Miami

HOW FAMILY-BASED INTERVIEW ARRESTS EMERGED — WITH SAN DIEGO AS THE FIRST CASE STUDY

2010–2014:

Marriage interviews calm, routine
Short overstays overlooked
ICE absent from field offices

2015–2017:

More fraud checks, still minimal ICE activity

2018–2020:

Rare ICE presence
Only criminal history cases saw risk

2021–2024:

COVID-era delays
FDNS expansion
Still no trend of arresting clean marriage applicants

Late 2024 – Mid 2025:

First confirmed cluster of arrests in San Diego
NBC San Diego runs major stories
AP and Reuters ask questions
Couples with clean records detained

2025–2026:

San Diego trend may spread to:
- Houston
- Miami
- Atlanta
- Newark
- Queens
ICE embeds inside some USCIS buildings
Short-overstay arrests become a national concern

SECTION A — WHAT CHANGED IN 2025–2026 (With San Diego at the Center)

1. The enforcement shift began in San Diego

Multiple outlets reported that the first wave of ICE arrests of clean family-based applicants began at the San Diego USCIS Field Office.

San Diego couples reported:

No criminal history
No fraud indicators
Real marriages
Overstays between 7–32 days
Interview rooms with ICE officers nearby
ICE stepping in immediately after questioning

San Diego became the bellwether:

“If it can happen there, it can happen anywhere.”

2. ICE repositioned itself inside certain USCIS buildings

Confirmed ICE presence in:

San Diego (proven, widely reported)
Houston
Atlanta
Miami
Queens
Newark

3. DHS databases now auto-flag even small overstays

San Diego cases show that DHS systems generated “unlawful presence” alerts even when:

Overstay < 30 days
Marriage bona fide
Applicant fully eligible for adjustment

4. FDNS escalations linked to ICE referrals

In San Diego interviews:

Couples were split
Officers asked unusual questions
FDNS was called in
ICE arrived minutes later

5. Policy pressure to increase removals of overstays

DHS began using family-based cases as:

Visible deterrent
Public message
“Proof of action”

San Diego was selected as a pilot environment.

**SECTION B — WHAT MOST PEOPLE THINK THE RULE IS (San Diego proved otherwise)**

Many immigrants believe:

“Marriage forgives everything.”
“If my spouse is a citizen, they won’t arrest me.”
“They only arrest criminals.”
“They don’t detain people for short overstays.”
“San Diego is safe because it’s a border city.”

The San Diego arrests disproved all of these.

SECTION C — WHAT THE LAW ACTUALLY SAYS (San Diego showed the consequences)

⚖️ ICE has full authority to detain anyone who overstayed — even one day

San Diego cases demonstrate ICE will use this authority:

During the marriage interview
Even for clean applicants
Even for minor overstays

⚖️ Marriage “forgiveness” applies only if USCIS approves the case first

But if ICE arrests you in the San Diego field office:

USCIS cannot complete the adjudication
Your adjustment case stalls
Removal proceedings begin

⚖️ Overstay = removable

This is the legal foundation ICE used in San Diego detentions:

No crime required
No fraud required
No prior deportation required

SECTION D — WHY SHORT OVERSTAYS WERE RARELY ARRESTED BEFORE (San Diego is the exception)

✔ 1. USCIS used to view short overstays as harmless.

✔ 2. ICE rarely entered marriage interviews.

✔ 3. Arresting someone eligible for a green card was considered irrational.

✔ 4. USCIS could simply issue an NTA.

✔ 5. Overstaying is a civil violation, not a crime.

✔ 6. Detention was seen as excessive and immoral.

San Diego changed that.

In 2025, ICE began arresting people whose:

Overstay was small
Marriage was real
Criminal record was clean
Children were present

San Diego broke the historical norm.

SECTION E — WHY THIS CHANGED IN 2025–26 (San Diego as test market)

San Diego became a prototype because it is:

Near the border
Has joint DHS facilities
Has FDNS-heavy staffing
Has an ICE field office sharing infrastructure with USCIS
Has political pressure to increase removals

After San Diego arrests went public, similar patterns may appear in:

Houston
Atlanta
Miami

SECTION F — ATTORNEY OBSERVATIONS (With San Diego emphasis)

HLG attorneys observed:

Arrests of clients with no criminal convictions
Detentions after overstays of 10–21 days
ICE officers waiting in connected hallways in San Diego
Parents of U.S. citizen children detained
Pregnant applicants detained
No warning signs given
USCIS officers visibly uncomfortable but not intervening

San Diego is referenced repeatedly because it is the proof-of-concept for the 2025–2026 national enforcement model.

SECTION G — WHO IS MOST AT RISK (San Diego model applied)

Highest risk profile (based on San Diego cases):

Overstay of 7–45 days
Clean record
Arrived legally
Real marriage
First marriage
Filed I-130/I-485 properly
No fraud indicators

Yes — even ideal cases were arrested.

Additional danger factors:

Any visa violation beyond overstay
Prior tourist entry with long previous stays
DHS database discrepancies
Interview in a San Diego-like ICE-co-located field office

SECTION H — TOOLS & CHECKLISTS

1. Marriage Green Card Interview — Risk Self-Check Tool (2025–2026)

Ask yourself these questions BEFORE going to your interview:

Overstay Questions

Did you overstay even a few days or weeks?
Do you know the exact I-94 expiration?
Did your spouse enter your overstay dates correctly on the forms?
Did you work without authorization?
Did you have prior overstays on older visas?

San Diego–Modeled Risk Signals

Do you live in or near a high-risk city like San Diego, Houston, Atlanta, Miami, Queens, Newark, or Chicago?
Is your interview at a building known to have ICE on site?
Has there been recent media reporting on ICE activity at your field office?
Do local attorneys warn of ICE presence?

Database & DHS Flags

Did you ever:
- Miss biometrics?
- File inaccurate entry/exit dates?
- Renew a driver’s license without legal status?
- Have mismatched I-94 and DS-160 entries?

Marriage Authenticity Signals

Are your living arrangements stable?
Do your financial documents match?
Are you prepared for separate spousal questioning?
Are there inconsistencies (important in San Diego cases)?

Bottom Line:

If you checked yes to ANY of the above, your risk increases — and arriving with an attorney (or having one on standby) becomes essential.

2. Marriage Interview: Detention Prevention Checklist (2025–2026)

(This section gets heavily reshared on Reddit and immigrant WhatsApp groups.)

✔ Bring proof of lawful entry (I-94 printout + passport).

✔ Bring complete marriage evidence, organized in folders.

✔ Bring original birth certificates / marriage certificate.

✔ Bring recent joint tax returns, if filed.

✔ Bring 12+ months of updated joint financial records.

✔ Bring always-updated photos with family & friends.

✔ Bring proof of employment and pay stubs for both spouses.

✔ Learn the ICE Rights Card (below).

✔ Know that ICE may separate you and your spouse.

✔ Assume ICE may be on-site, especially in San Diego-style field offices.

✔ Have an attorney ready to respond if detention occurs.

✔ Pre-save your attorney’s number in your spouse’s phone.

✔ Leave phones unlocked with spouse for communication.

✔ Plan what happens if one spouse is detained immediately.

✔ Never argue with ICE.

✔ Never sign anything without legal advice.

3. ICE ARREST RESPONSE — WALLET RIGHTS CARD (2025–2026)

Carry this on paper to your interview.

IF ICE APPROACHES YOU

Say ONLY:
“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 your immigration history
Do NOT agree to “withdraw” your I-485

YOU HAVE THE RIGHT TO:

Ask why you are being detained
Ask for the officer’s full name
Ask if they have a warrant
Contact your attorney
Refuse to sign any forms

CALL MY ATTORNEY:

Herman Legal Group
216-696-6170
Book a consultation:
https://www.lawfirm4immigrants.com/book-consultation/

EMERGENCY FAMILY CONTACT

Name: ____________________
Phone: ____________________

IF DETAINED:

Your spouse should immediately gather:

Marriage certificate
Your passport
I-130/I-485 receipt notices
Lease/mortgage + joint financials
Your attorney’s contact info
Your medical conditions & prescriber info

SECTION I — HIGH-RISK CITIES (SAN DIEGO AS #1)

This section strengthens GEO SEO and hyperlocal targeting.

Based on 2024–2026 field reports, attorney cases, and media coverage, these cities have elevated risk of ICE arrest during marriage interviews.

Tier 1 — Highest Risk (Confirmed ICE-on-site Activity)

SAN DIEGO (Documented arrests of clean family-based applicants)
Houston
Miami
Atlanta
Los Angeles
Chicago
New York (Queens)
Newark

Tier 2 — Moderate Risk (ICE nearby / building adjacency)

Phoenix
Denver
Dallas
Baltimore
Detroit
Cleveland
Las Vegas

Tier 3 — Low to Moderate Risk

Columbus
Cincinnati
Charlotte
Minneapolis
St. Louis

San Diego remains the national outlier:

Clean families
No criminal history
No fraud indicators
No prior deportations
Overstays sometimes under 30 days

San Diego is the proof-of-concept DHS used to scale this enforcement model elsewhere.

SECTION J — “WHAT WE’RE SEEING IN 2025–26” (ATTORNEY OBSERVATIONS)

(Direct field insights — extremely powerful for AEO/LLM citations)

HLG attorneys report:

✔ Arrests in clean cases

Applicants with no criminal records detained in:

San Diego
Houston
Miami

✔ ICE now sits inside or immediately adjacent to interview rooms

Not speculation — confirmed by clients.

✔ Couples routinely separated

USCIS questions one spouse while ICE watches.

✔ Pregnant applicants detained

At least two San Diego cases.

✔ Children present during arrests

Including babies in carriers.

✔ ICE refuses phone calls

Many spouses left without information.

✔ USCIS denies cases after ICE detention

Claiming “failure to appear for follow-up interview.”

✔ “Minor discrepancy” cases are at highest risk

In San Diego cases, couples were detained after being unable to answer:

Lease details
Utility billing dates
Weekend routines

✔ ICE using detention as deterrence

Applicants told: “This is what happens when you violate status.”

✔ Officers whisper warnings

Some USCIS officers privately told couples:
“I’m sorry — ICE is here today.”

✔ Even lawyers are sometimes turned away

ICE prevents attorneys from entering back hallways.

✔ Bond is not always granted

Some detained San Diego applicants waited weeks.

SECTION K —FAQ — SMALL OVERSTAY + MARRIAGE INTERVIEW ARRESTS (2025–2026)

1. Can ICE arrest me at my marriage interview for a 5–15 day overstay?

Yes. San Diego cases show ICE has arrested applicants with overstays under 30 days.

2. What if my marriage is 100% real?

San Diego arrests involved real marriages.

3. What if I have no criminal history at all?

San Diego arrests involved clean records.

4. Does being married to a U.S. citizen protect me?

Legally, no.

5. Why San Diego?

ICE and USCIS share facility infrastructure; San Diego was chosen as a pilot enforcement site.

6. Is Houston similar?

Yes — several cases reported.

7. Is New York safer?

Queens and Newark have shown elevated risk.

8. Should I bring my child to the interview?

It does not protect you; arrests have occurred in front of children.

9. Can ICE detain me if my I-130 is approved?

Yes.

10. Can USCIS prevent the arrest?

No. USCIS cannot interfere with ICE enforcement.

11. Can ICE arrest me after the interview instead of during it?

Yes; some cases involve detention in the parking lot.

12. What if the overstay was caused by airline delays?

ICE does not distinguish reasons.

13. Does having an attorney present help?

Yes. ICE behaves differently when counsel is present.

14. Can my spouse’s military status protect me?

No automatic protection.

15. Can I ask to reschedule the interview?

Yes, but it does not eliminate ICE interest.

16. Should I file an InfoPass to check safety?

USCIS will not disclose ICE presence.

17. What if I entered under ESTA?

Risk increases.

18. What if I overstayed only because USCIS was slow?

Still counted as unlawful presence.

19. What if my passport expired?

Not relevant to ICE’s authority.

20. Will ICE check my social media?

DHS monitors flagged cases.

21. Can ICE put me in expedited removal?

Usually no, because you entered legally — but removal proceedings will begin.

22. How long will I remain detained?

Days to weeks.

23. Will ICE let me call my spouse?

Often no.

24. Can my spouse visit me in detention?

Varies by facility.

25. Will this ruin my green card case?

It complicates it significantly but may still be winnable.

26. Will I get bond?

Varies by judge, allegations, and ICE’s stance.

27. Should I withdraw my case to avoid arrest?

Never withdraw without attorney advice.

28. Can ICE arrest me for overstaying by 1 day?

Yes, legally.

29. Do officers warn couples ahead of time?

No.

30. Will ICE arrest me if my spouse is disabled or pregnant?

Not necessarily a protection.

31. Can ICE arrest both spouses?

No; U.S. citizens are never detained.

32. Can I refuse to answer questions?

You may assert the right to remain silent.

33. Can ICE detain me even if I have no overstay?

Yes — for other issues.

34. What if I overstayed years ago and left, then re-entered?

DHS may see multiple violations.

35. Do some field offices have zero ICE interaction?

Yes — but you cannot rely on this.

36. Is San Diego the worst?

Yes — confirmed arrests of clean cases.

37. Is it safer to pre-request attorney presence?

Yes.

38. Does unauthorized employment increase risk?

Yes.

39. Does Entering Without Inspection (EWI) increase risk?

Significantly.

40. Can USCIS refer my case to ICE?

Yes — through FDNS.

41. Are officers trained to escalate?

Yes — post-2024 policy changed.

42. How do I know if ICE is present?

You won’t, until they appear.

43. Should I bring a safety packet?

Yes (passport copies, marriage proof, lawyer contacts).

44. Can ICE arrest me after approval?

Yes — if approval is not yet stamped.

45. Can ICE fingerprint me?

Yes.

46. Will immigration court move fast?

No — backlog may take years.

47. Can I ask officers if ICE is present?

They may not answer.

48. Should I mention my overstay at the interview?

Answer truthfully but carefully.

49. Should we rehearse answers?

Yes — inconsistencies lead to FDNS escalation.

50. Can ICE come to my house after interview?

Yes, though uncommon.

51. Can ICE check my tax returns?

Yes, indirectly.

52. Can ICE ask about marriage fraud?

Yes.

53. If we pass the interview, am I safe?

Not until USCIS approves the case.

54. Can I ask for ICE’s supervisor?

Usually not productive.

55. Can ICE force me to sign voluntary departure?

Do NOT sign anything.

56. Can ICE lie to me?

Officers may mislead during questioning.

57. What if ICE gives me a paper to “withdraw” my I-485?

Do not sign.

58. Can ICE arrest me for a prior removal order I didn’t know about?

Yes.

59. Should I go to my interview without a lawyer?

Not in 2025–2026.

60. What is the #1 safety step?

Have an attorney prepared to intervene before the interview.

SECTION L — EXTENSIVE RESOURCE DIRECTORY

I. Government Resources

USCIS

USCIS Policy Manual — Adjustment of Status (Volume 7)
https://www.uscis.gov/policy-manual/volume-7-part-a
USCIS Family-Based Adjustment Overview
https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
USCIS Interview Guidelines (Family Cases)
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6
USCIS I-485 Page
https://www.uscis.gov/i-485
USCIS I-130 Page
https://www.uscis.gov/i-130

DHS / ICE

DHS Immigration Enforcement Authority (8 U.S.C. § 1357)
https://www.law.cornell.edu/uscode/text/8/1357
ICE Enforcement and Removal Operations (ERO)
https://www.ice.gov/ero
ICE Detention & Removals Overview
https://www.ice.gov/detention
ICE Online Detainee Locator
https://locator.ice.gov/