A deeply researched guide for families, attorneys, and anyone preparing for a marriage-based green card interview.

QUICK ANSWER

Yes — in late 2025, couples in San Diego began reporting ICE arrests during marriage-based green card interviews, including cases involving simple overstays with no criminal history.

These arrests are real, documented by NBC San Diego, ABC 10 News, local attorneys, and community organizations — and they represent a major shift in USCIS-ICE cooperation.

The Herman Legal Group has published the authoritative guide on this emerging trend:
➡️ Read the detailed HLG investigation on interview arrests

While this is not yet national policy, it is a warning sign. Families across the U.S. — especially in immigrant-heavy cities like Columbus, Cleveland, Chicago, Houston, Miami, Phoenix, Los Angeles — should treat marriage interviews as high-risk events when overstays or old immigration violations exist.

FAST FACTS

✔ Confirmed arrests at USCIS San Diego interviews (NBC 7 San Diego, ABC 10 News, Daylight San Diego)
✔ Most arrests involved ONLY:

Long visa overstay
No criminal history
Lawful entry (I-94 exists)

✔ USCIS & ICE are sharing interview data more aggressively under the DHS “Integrity” initiative.
✔ FDNS (Fraud Detection & National Security) involvement is increasing.
✔ Second interviews (“Stokes-lite”) are more common.
✔ Reddit threads are exploding with reports, fear, and confusion.
✔ Attorneys warn: “The safe-zone era of marriage interviews is fading.”
✔ Preparation + risk assessment is now mandatory for 2025–26 couples.

WHY THIS ARTICLE MATTERS NOW

In immigrant communities, marriage-based AOS interviews used to be the least frightening part of the process.

But in late 2025, San Diego became an immigration flashpoint:

Multiple couples reported ICE walking into their USCIS interview rooms.
Officers waited until the interview ended — then detained the immigrant spouse.
All publicly reported cases involved visa overstays, clean records, and bona fide marriages.

This is documented.

And it may spread.

marriage interview ICE arrests USCIS interview overstay arrest ICE arrest green card interview

THE SAN DIEGO CASES

1. NBC SAN DIEGO (November 2025)

NBC 7 documented several arrests at the USCIS San Diego Field Office, including a husband from Europe married to a U.S. citizen.
NBC Report: ICE Arrests at Marriage Green Card Interviews

2. ABC 10 NEWS — “NAVY WIFE ARRESTED AT INTERVIEW”

A Navy sailor’s wife was detained after a routine marriage interview.
ABC 10 News: Navy Wife Detained During Green Card Interview

3. DAYLIGHT SAN DIEGO INVESTIGATION

Detailed community-based reporting confirmed:

USCIS officers sometimes signal ICE when they suspect a removable overstayer.
Detentions often occur after the interview is “completed.”
Daylight San Diego: ICE Arrests at Green Card Appointments

4. SAN DIEGO ATTORNEYS SPEAK OUT

Local attorneys (Jacob Sapochnick, Maria Jones, others) warn this is not fraud-related — these are pure overstay enforcement actions.
Sapochnick Law Blog: ICE Detentions at Marriage Interviews

5. A HLG (Herman Legal Group) NATIONAL WARNING

HLG issued one of the first national analysis pieces documenting why this shift matters for the entire country:
Are Overstays Being Arrested at Marriage Interviews? (HLG)

San Diego USCIS interview arrest

marriage green card delays 2025

marriage-based AOS risks 2026

FDNS marriage interview review

WHAT CHANGED IN 2025–2026 (IN PLAIN ENGLISH)

1. “Safe Zones” Are Eroding

USCIS offices historically weren’t places where ICE made routine arrests.
That norm is fading.

2. USCIS & ICE Systems Are More Interlinked Than Ever

New DHS “Integrity” initiatives integrate:

USCIS interview data
Biometric flags
Overstay alerts
CBP entry history
FDNS investigations

3. AI-Driven Risk Screening

Officers now use digital risk scoring tools that flag:

Long overstays
Missing I-94
Past encounters (even minor)
Name mismatches
Duplicate records

4. Local Enforcement Culture Matters

San Diego’s ICE & CBP infrastructure makes it a pilot site for enforcement-first approaches.

5. Political Climate → More Removals

Arresting overstays does not require new laws.

Only a shift in enforcement strategy.

**WHAT PEOPLE THINK IS HAPPENING**

Here’s what you see constantly in USCIS Reddit threads:

“This must be fake — USCIS never arrests people at interviews.”

“Overstays are forgiven! How is this possible?”

“They were probably criminals.”

“This is just San Diego. Doesn’t affect me.”

These assumptions are dangerous.

**WHAT’S ACTUALLY HAPPENING (LAWYERS’ ANALYSIS)**

Immigration lawyers (including Herman Legal Group) are seeing:

✔ Arrests for visa overstay alone

No criminal history. No fraud allegations. No marriage concerns.

✔ ICE officers waiting INSIDE USCIS offices

Not outside. Inside.

✔ USCIS officers signaling ICE

Usually through FDNS notes, e-system flags, or supervisor alerts.

✔ Long-term overstays = highest flags

Overstay of 10–25+ years triggers “mandatory ICE notification” in some offices.

✔ The interview is no longer just an interview

It’s now:

Identity verification
Marriage assessment
Removal screening

INSIDE A MODERN MARRIAGE INTERVIEW (2025 STYLE)

What officers now ask (new patterns):

“How did you enter? Do you have the I-94 with you?”
“Have you had ANY contact with immigration authorities before?”
“What was the exact date you first overstayed?”
“Why didn’t you depart after your visa expired?”
“Did you ever apply for asylum or other relief?”
“Have you ever crossed the border with someone else’s documents?”

What FDNS checks BEFORE you walk in:

Social media activity
Address history
Credit/financial records signals
CBP travel logs
Prior DHS encounters
Arrest records from local law enforcement
Public records (marriage/divorce/child support)

THE SURPRISE ARREST PATTERN (HOW IT ACTUALLY HAPPENS)

This pattern appears across San Diego cases:

1. The interview goes smoothly.
Officer is polite, thorough, reviewing documents.

2. Officer excuses themselves.
They leave for “supervisor review.”

3. ICE appears inside the interview room.
The door closes behind them.

4. Applicant is handcuffed.
No warning to spouse. No chance to call attorney.

5. Detention at ICE facility.
Cases vary from 1 day to 2+ weeks.

6. The AOS case continues… in theory.
But detention complicates everything.

WHO IS MOST AT RISK (HIGH-RISK CATEGORIES)

You should assume heightened risk if:

HIGH RISK

10+ years visa overstay
Missing I-94 or unclear entry
Entered on ESTA + overstayed
Prior removal order
Prior border stop
Filed in San Diego, El Paso, Phoenix, or other enforcement-heavy offices

MEDIUM RISK

1–5 year overstay
U.S. citizen spouse + short marriage duration
Weak cohabitation evidence
Pending asylum or past asylum withdrawal

LOW RISK

Lawful entry
Overstay < 1 year
Strong evidence of relationship
Clean immigration history

Low risk is not no risk.

CASE SNAPSHOTS

1. European Husband Arrested (NBC San Diego)

Entered legally.
Married to U.S. citizen.
Clean record.
Arrested after interview concluded.

2. Navy Wife Arrested (ABC 10 News)

Married to active-duty U.S. service member.
Detained at USCIS San Diego.
Pure overstay case.

3. Israeli/German Applicant (Daylight San Diego)

Only violation: visa overstay.
Interview seemed positive.
ICE entered room, cuffed applicant.

These are not isolated internet stories — they’re confirmed.

WHAT THIS MEANS FOR COUPLES (2025–2026)

Treat the interview as a high-risk event if any overstay exists.
Do NOT attend without an attorney if risk factors apply.
Have a post-interview emergency plan.
Know which field offices are high-enforcement.
File FOIAs early to identify hidden risks.
Expect deeper questioning & second interviews.
Prepare proof of lawful entry — this is critical now.

TOOLS & CHECKLISTS

MARRIAGE INTERVIEW SURVIVAL CHECKLIST (2025–26)

Bring:

I-94 or verified CBP entry record
Passport + all expired passports
12 months of joint bank statements
Lease/mortgage + utilities
Wedding pictures + life timeline
Tax returns (joint if applicable)
Social media screenshots showing relationship
Evidence of shared life: insurance, travel, bills
Proof of spouse’s U.S. citizenship
Valid IDs

Prepare:

Mock interview with spouse
Explanation for any overstay
Timeline of relationship & cohabitation
Attorney contact written down
Emergency ICE detention plan

RISK ASSESSMENT TOOL

RED FLAGS = HIGH RISK

Overstay 8+ years
ESTA overstay
No I-94
Any prior ICE contact
Prior removal order
Failed asylum, withdrawn asylum, or previous NTA

If any of the above apply:
➡️ Have an attorney attend the interview.

INSIGHTS YOU WON’T HEAR FROM USCIS

Overstay forgiveness still exists — but arrests still happen.
USCIS officers can and do notify ICE mid-interview.
FDNS’ role has quietly expanded in marriage cases.
A nice interview can still end in a detention.
San Diego is a “pilot,” not an anomaly.
Your social media CAN follow you into the interview.
Legal representation significantly lowers arrest likelihood.

COMMUNITY IMPACT

Reddit, WhatsApp immigrant groups, Facebook immigrant communities, and Telegram channels are full of panic:

“If San Diego is doing it, our office could be next.”
— r/USCIS

“We’ve been married 8 years. Should I be scared to go?”
— r/immigration

This article exists to give real, evidence-based guidance, not fear.

ATTORNEY OBSERVATIONS (2025–26)

From Herman Legal Group & other national practitioners:

USCIS interview officers often look visibly uncomfortable calling in ICE.
FDNS referrals for “long overstay” cases have increased 3–5×.
Attorneys now prepare cases as if interviews could involve enforcement.
Ohio, Texas, and Florida offices are not showing San Diego–level arrests — yet.

FAW–2026 Marriage-Based Interview Arrest Guide

1. Can ICE really arrest someone during a marriage-based green card interview?

Yes. Multiple confirmed cases in late 2025 at the USCIS San Diego Field Office resulted in ICE arrests during or immediately after the marriage interview.

2. Is this legal?

Yes. ICE has the legal authority to detain removable noncitizens anywhere — including inside federal buildings like USCIS offices.

3. Is USCIS the one making the arrests?

No. USCIS does not have arrest powers. ICE makes the arrest, sometimes after USCIS quietly notifies them.

4. Why did this start happening in San Diego?

San Diego has an unusually high concentration of DHS enforcement infrastructure and has become a pilot site for enforcement-first marriage interview screening.

5. Are these arrests tied to fraud?

Media reports show no fraud allegations in the majority of San Diego cases. Most arrests were for visa overstay only.

6. Is a simple overstay now grounds for arrest?

In San Diego, yes — confirmed by multiple media outlets and attorneys.

7. Could this spread to other USCIS field offices?

Yes. Historically, pilot enforcement tactics in border states spread to the rest of the country.

8. Should couples outside California be worried?

Worried? No. Prepared? Absolutely.
This issue affects any spouse with:

Long overstays
Missing I-94
Prior immigration encounters

9. Which field offices are currently considered highest risk?

San Diego (confirmed arrests)
El Paso (enforcement-heavy region)
Phoenix
Miami (historically aggressive ICE)
Detroit (increasing enforcement collaboration)

10. Are Cleveland, Columbus, Cincinnati, Dayton interviews seeing this?

Not at San Diego’s level — but USCIS–ICE integration is national, and Ohio couples should still perform risk assessments.

11. Are overstays normally forgiven in marriage cases?

Yes. Under INA §245(a), overstays are forgiven for spouses of U.S. citizens who entered legally.
But forgiveness doesn’t block enforcement action by ICE.

12. Why would ICE arrest someone who is marriage-eligible?

Because legal eligibility doesn’t erase removability.
You can be:

Eligible for AOS
Still removable
Still targetable for enforcement

13. Why would USCIS notify ICE?

Likely due to:

FDNS red flags
Long overstays
Missing entry record
Prior immigration contact
Identity discrepancies
Office-specific enforcement culture

14. Does USCIS have to tell the applicant ICE was notified?

No. The applicant may not know until ICE walks in.

15. What if the interview goes well — can ICE still arrest afterward?

Yes. This is exactly what happened in several San Diego cases.

16. Does having an attorney at the interview prevent arrest?

No — but attorneys can:

Spot risk beforehand
Negotiate with ICE
Intervene during detention
Protect rights immediately

17. Should every couple bring an attorney?

Couples with any risk factors should.
Low-risk couples may still benefit from legal oversight due to new enforcement.

18. What are the biggest risk factors?

Long overstay (5–20+ years)
Missing I-94
ESTA overstays
Prior border patrol encounter
Prior NTA (even if case never continued)
Past asylum filings
Any ICE interaction on record
Name or identity mismatches

19. What if the spouse has a criminal record?

Arrests are more likely when criminal history exists — even for old misdemeanors.

20. What if the spouse has zero criminal history?

The San Diego cases involved clean records — criminal history is not required for arrest.

21. Is unlawful entry (EWI) higher risk?

Yes. EWI cases cannot adjust status inside the U.S. (with rare exceptions), making them extremely high risk.

22. Does DACA status help?

No. If DACA lapses or entry issues exist, risk increases.

23. What about TPS holders?

TPS holders with lawful travel authorization generally have reduced risk — but not immunity.

24. Does having a military spouse prevent arrest?

No. A Navy spouse was arrested in San Diego despite the military connection.

25. Can ICE arrest someone even if they entered legally?

Yes. Entry legality affects eligibility, not enforcement risk.

26. What if the spouse entered on ESTA?

ESTA overstays are especially risky — several San Diego arrests involved ESTA.

27. Should we file Form I-130 and I-485 together or separately?

For high-risk cases, attorneys sometimes recommend filing separately.

28. Should an undocumented spouse attend the interview?

If any high-risk factors exist → only with an attorney and a preparation plan.

29. Could postponing the interview reduce risk?

No. Delays can actually increase risk due to:

Changing enforcement
More FDNS scrutiny
Background check updates

30. What if we move our case to a different field office?

This is extremely difficult and rarely granted.

31. What about Advance Parole?

Advance parole doesn’t erase past overstays — and high-risk applicants traveling may be denied entry.

32. Should we FOIA the spouse’s records before interview?

YES.
FOIA reveals:

Past ICE encounters
Border records
Prior NTAs
Identity mismatches
CBP flags

33. What if FOIA reveals nothing?

Good — but not conclusive.
USCIS has internal databases not fully disclosed in FOIA.

34. What if my spouse has two names (maiden, married)?

Name variation can trigger flags.
Bring all supporting documents.

35. How can we prove lawful entry if I-94 is missing?

CBP FOIA
Airline records
Passport stamps
Old visas

Missing entry proof is high-risk.

36. How do we show our marriage is real?

Bring:

Joint financials
Photos
Trips
Leases
Insurance
Messages
Taxes
Family statements

37. Do we need printed evidence?

Yes.
USCIS still heavily relies on paper.

38. What are “trick questions” officers ask now?

Dates of cohabitation
Who pays what bill
Spouse’s daily routines
Details about the home
Prior addresses
Entry details

These questions test credibility, not relationship quality.

39. What is FDNS?

Fraud Detection & National Security — an internal USCIS unit with increasing influence over marriage cases.

40. Can FDNS visit our home?

Yes.
Unannounced FDNS visits are increasing.

41. Why was the San Diego office specifically targeted for arrests?

Because:

It’s a border region
ICE San Diego is one of the most active regional offices
DHS is testing new integrated enforcement models there

42. Can we ask USCIS if ICE will be present?

No. They will not disclose this.

43. What if my spouse is arrested — can the interview continue?

It may.
USCIS could continue processing, but detention complicates everything.

44. Will ICE notify me where my spouse is taken?

Not always.
Use the ICE detainee locator.

45. Can I follow the ICE van to the detention center?

You can — but you may not be allowed in without ID and proper clearance.

46. How long are people detained?

Ranges:

1 day
Several days
Weeks
Depending on:
Bond availability
ICE discretion
Removal priorities

47. Can we get a bond?

Often yes — but depends on:

Flight risk
Prior history
Country of origin
Local ICE policies

48. Will the green card still be approved if spouse is detained?

Possibly. Some detained spouses still win AOS — but process becomes harder.

49. Does detention automatically trigger removal?

Not automatically.
But ICE may choose to issue a Notice to Appear (NTA).

50. Should we bring our lawyer inside the interview room?

If ANY risk exists, yes.

51. What if the attorney can’t attend?

Reschedule — or have attorney on standby outside.

52. Can I refuse to answer certain questions?

You can request your attorney’s presence, but refusal may trigger denial or suspicion.

53. Can I leave during the interview if I feel unsafe?

Technically yes — but doing so may harm your case unless advised by counsel.

54. Do USCIS officers warn couples if ICE is nearby?

No.
They often look uncomfortable but cannot disclose enforcement actions.

55. Can ICE arrest me in the USCIS parking lot instead?

Yes.
This has happened in several cities historically.

56. Does joint tax filing help reduce risk?

Helps with marriage bona fides — but not enforcement risk.

57. Does having children together help?

Yes — for marriage evidence.
No — for arrest risk.

58. Will USCIS deny the case because of arrest?

Not necessarily.
Eligibility and arrest are separate issues.

59. Can we request interview video/audio?

No.
USCIS does not provide recordings.

60. Should we bring proof of hardship?

Yes.
Strong hardship documentation can be useful if ICE flags the case.

61. Is it safer to do consular processing instead?

Sometimes — but consular processing requires leaving the U.S., which can create bars.

62. What if my spouse has previous voluntary return?

This is a major red flag.
Have attorney present.

63. What if my spouse once crossed the border illegally but later entered legally?

This can create complicated patterns of inadmissibility.
Very high risk.

64. What if my spouse overstayed more than once?

Multiple overstays significantly increase risk.

65. What if there is an old NTA that was “never filed with court”?

Extremely dangerous.
ICE may reactivate it.

66. What do I do if ICE enters the interview room?

Say:

“Am I under arrest?”
“On what grounds?”
“I want to speak to my attorney.”

Then stay calm.

67. Should I physically intervene if spouse is cuffed?

No.
This can trigger charges.

68. How do I find where my spouse was taken?

Use the ICE Online Detainee Locator and call local ICE facilities.

69. Should I contact my member of Congress?

Yes — congressional assistance can help expedite bond or communication.

70. What is the most important way to reduce risk?

Attorney-led preparation + early risk assessment + complete documentation.

And read the authoritative national investigation:
➡️ HLG: Are Immigrants With Overstays Being Arrested at Marriage Interviews?

RESOURCE DIRECTORY

Government

Media Coverage

NBC 7 San Diego — ICE Arrests at Marriage Interviews
ABC 10 News — Navy Wife Detained at Interview
Daylight San Diego — ICE Arrests at Green Card Appointments
Sapochnick Law Blog — A Troubling New Tactic

Herman Legal Group

KEY TAKEAWAYS

Arrests at USCIS interviews ARE happening — confirmed in San Diego.
Overstay alone can trigger arrest, even with a bona fide marriage.
USCIS interviews are now part of the enforcement pipeline.
Attorney involvement is now essential for medium/high-risk cases.
Field office matters — San Diego is a test site. Others may follow.
Marriage still creates a legal pathway — but not a shield.
Risk comes from old records, missing I-94, long overstays, past encounters.
Preparation saves lives, freedom, and families.

Success Stories

THE QUIET WAR ON MARRIAGE-BASED GREEN CARDS: Interviews, Delays & Surprise Arrests at USCIS (2025–2026)

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