Many families across the United States are facing confusion and fear this month after reports surfaced of spouses of U.S. citizens being arrested during routine green card interviews — even when they are otherwise eligible for lawful permanent residency.

This development marks a significant shift from long-standing practice and is raising questions for couples navigating the immigration process.

What’s Happening at Green Card Interviews?

Traditionally, spouses of U.S. citizens who apply for a green card through “adjustment of status” — the process that lets someone already in the U.S. become a lawful permanent resident — have been allowed to stay in the country while their case is pending, even if they’ve accidentally fallen out of legal status.

However, in recent weeks, immigration attorneys have reported that U.S. Immigration and Customs Enforcement (ICE) has been arresting applicants during or immediately after these interviews at USCIS offices.

These detentions have occurred even when:

• The person is married to a U.S. citizen
• They have no criminal record
• They entered the U.S. legally and are following the application process

Several cases have been noted in cities like San Diego, New York, Cleveland, and Utah — and similar reports have spread around the country.

Why Are These Arrests Happening?

According to ICE and government statements, these arrests are happening because some applicants have “fallen out of status” — meaning their authorized stay in the U.S. lapsed while waiting for their green card interview.

Immigration officials argue that overstaying a visa can be a violation of immigration law and could make someone removable.

However, immigration attorneys counter that:

• For decades, spouses of U.S. citizens have been eligible to adjust status even if they have overstayed their visa, provided they entered legally and meet all other requirements.
• Detaining someone at their green card interview is unprecedented and was not standard practice before this year.

What This Means for Illinois Families

For Illinois residents and families considering or already in the green card process, this shift may feel unsettling. Here’s what it could mean in practical terms:

1. The Process May Be Less Predictable
   Even if a spouse has followed legal procedures, they could be subject to enforcement actions at any point — including at interviews many couples expect to be routine.
2. Legal Support Matters
   Because of this uncertainty, speaking with an experienced immigration attorney who understands current enforcement trends is more important than ever.
3. Staying Informed Is Critical
   Policies and enforcement priorities change over time. What used to be a predictable step in the immigration process may now carry new risks without clear notice.

Tips for Illinois Couples Navigating This Situation

If you or your spouse are preparing for or currently in the marriage-based green card process, consider these steps:

• Consult an Immigration Attorney Early: An attorney can review your case, help ensure filings are complete, and strategize about risks related to status or enforcement trends.
• Understand Your Status: Know whether your spouse’s visa has expired and how that may affect their case under current practices.
• Prepare for Court Proceedings: If someone is detained, knowing how removal proceedings work and having legal guidance ready can make a big difference.

Final Thoughts

This recent trend of arrests during green card interviews underscores the importance of professional legal guidance in immigration matters. Conditions in federal immigration enforcement can change rapidly, and informed preparation helps protect your family’s stability and peace of mind.

If you or a loved one are navigating a marriage-based green card application or have questions about immigration status, the Law Office of Jonathan W. Cole P.C. can help you understand your options and plan your next steps.

📞 (708) 529-7794 | Law Office of Jonathan W. Cole P.C. — Your Neighborhood Law Firm.