People Being Detained at USCIS Interviews for “Simple Overstays”: 2026 Community Alert

For many years, immigrants and their families relied on a common understanding: “If I’m married to a U.S. citizen and have a green card application pending, I’m allowed to stay in the U.S. while my case is decided.” That understanding is now breaking down in real and frightening ways.
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In multiple parts of the country, people have been detained by ICE during or immediately after routine USCIS interviews—including marriage-based green card interviews--even when the person has no criminal history, and the only issue is a visa overstay. This is one of the most significant and least understood changes in today’s immigration landscape, and it affects families who honestly believed they were “doing everything the right way.”

What Is Actually Happening at USCIS Interviews?
In certain USCIS field offices, such as San Diego, applicants arrive expecting a standard interview. Instead, what has been reported is a pattern where:

• The interview proceeds normally at first (questions about the relationship, immigration history, documents).
• Near the end of the interview—or immediately after--ICE officers appear and take the applicant into custody.
• The case may still be pending, and in some situations the underlying family petition can still be approved, but the applicant is no longer free while the process continues.

What makes this especially alarming is who this is happening to:

• Spouses of U.S. citizens
• Applicants with a pending adjustment of status (I-485)
• Individuals with no criminal record
• People whose only issue is an overstay or period of unlawful status

This is not limited to the “worst-case” fact patterns people assume are required for enforcement action.

“But I Have a Pending Green Card Case—Doesn’t That Protect Me?”
This is where families feel blindsided. A pending adjustment of status application often allows someone to remain in the United States while USCIS decides the case, and it may allow them to apply for a work permit and travel document. But ICE is taking the position that this does not prevent enforcement.

In plain English, the message families are hearing is:

• A pending application is not the same as lawful status.
• Eligibility for a green card does not guarantee safety from detention.
• USCIS processing your case does not limit ICE’s authority to arrest or detain.

That is a major shift in how enforcement and benefits intersect, and it contradicts what many applicants assumed based on past practice.

Why Immediate Relatives Feel Especially Shocked
Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) often have special advantages in immigration law, including the ability in many situations to adjust status even after overstaying.
For years, that legal “forgiveness” created a sense of security.

Now families are learning—sometimes in the most traumatic way possible—that:

• Eligibility does not equal protection.
• Overstay forgiveness does not mean immunity from detention.
• The interview itself can be the moment enforcement happens.

“Why were we allowed to file if it wasn’t safe to attend the interview?”
Unfortunately, the system is not designed around emotional logic or family expectations. Benefits adjudication and enforcement can operate on separate tracks.

Where Is This Happening, and Why People Are Calling It a “Pilot” Trend?
Reports have been most consistent in certain USCIS field offices, with patterns that appear localized—meaning they may depend on the field office, regional priorities, and enforcement capacity. Because this is not occurring uniformly nationwide, many attorneys view it as something like a staged rollout: a tactic that appears in certain locations first and then spreads as procedures become normalized.

That is what makes this trend so concerning: Once a practice becomes routine in a few offices, it can expand to many others—quickly and without much warning to the public.

Why This Feels Different From the Past
In the past, most families experienced USCIS interviews as a benefits-focused event:

• The interview was about eligibility.
• ICE enforcement was generally separate from the USCIS process.
• Detentions during benefit interviews were rare enough that most applicants never considered it.

Today, the risk profile looks different:

• Interviews can function as screening points.
• Information reviewed at USCIS can trigger enforcement attention.
• Even “approvable” cases can result in detention.

Who May Be at Higher Risk (Even If the Case Looks “Simple”)
Not everyone is equally exposed, but families often underestimate risk because they focus only on whether the case is “strong.” The reality is that enforcement risk often turns on background factors, not marriage evidence.

Risk can increase if there is:

• A visa overstay or long period without lawful status
• Entry without inspection
• A prior removal/deportation order (even old)
• Any arrest history (even dismissed or expunged cases)
• Prior denied or withdrawn immigration filings
• Prior visa applications with inconsistent answers
• Any issue that could be framed as fraud or misrepresentation

Many people do not realize these issues exist until USCIS asks about them in an interview setting.

The Hidden Danger: “I’m Eligible” Is Not the Same as “I’m Safe”
This is the hardest message to convey, but it is the most important: You can be eligible for a green card and still be at risk of detention.

That sounds unfair. It can feel illogical. But it reflects how the current enforcement posture is operating in certain places. If you are preparing for a marriage-based green card interview and there is any history of overstay, unlawful status, or prior immigration problems, it is risky to treat the interview like a routine appointment.

What You Should Do Before Attending a USCIS Interview
If you or a loved one has a scheduled USCIS interview—especially a marriage-based green card interview—preparation is not just about “bringing documents.” It is about managing risk.

​Treat the interview like a high-stakes legal event
Even honest applicants can get into trouble when they:

• Guess at dates
• Minimize past status issues
• Contradict prior filings they forgot existed
• Answer too quickly without understanding the question

Consider whether rescheduling is appropriate
Sometimes the right move is to pause if:

• key records are missing,
• there is a serious legal issue that hasn’t been analyzed, or
• the case needs restructuring or a plan before appearing.

Rescheduling is not always the best option, and it must be done carefully, but in certain cases it can prevent walking into a situation unprepared.

Have a “what if” plan
This is uncomfortable, but practical. Families should discuss:

• emergency contacts
• childcare plans
• access to important documents
• who will communicate with counsel if the applicant is detained

Planning does not cause detention. It reduces chaos if something unexpected happens.

What an Immigration Lawyer Actually Helps With Here
People sometimes assume an attorney is mainly for filling out forms. In this environment, the most valuable role of counsel is risk management.

A strong attorney can help:

• identify hidden red flags before USCIS does
• fix inconsistencies and strengthen the record
• prepare the applicant for high-risk questioning
• create a strategy if enforcement becomes a possibility
• advise on timing, travel, and interview approach
• respond quickly if the case shifts toward removal proceedings

Most importantly, counsel helps ensure families are not relying on outdated assumptions.

Final Thoughts
The idea that “doing things the right way now” guarantees safety is no longer reliable in parts of the country—and there are signs this approach is expanding. What makes this moment so difficult is that nothing about the application process clearly warns families that an interview could carry enforcement risk. People are walking into USCIS appointments expecting progress and instead facing detention. If you are navigating immigration today—especially if there is any overstay or status gap—do not rely on what used to be true. The system has changed, and understanding those changes before you attend an interview can make all the difference.

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally.

​DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.