Yes, it can happen. A USCIS interview takes place in a government office, and nothing in the law makes that office off limits to ICE. Arrests at marriage-based green card interviews have been reported across the country since 2025, and the people most exposed are those who already have a final removal order, an open removal case, or a criminal or status problem the interview may bring to the surface. Most applicants who attend an interview with clean records and valid status are not arrested. This post explains who faces the greatest risk, what a federal appeals court decided in August 2026, and what to do before you walk into the building.
The short version
ICE arrests at USCIS interviews are real but concentrated. The risk is highest for people with a final order of removal, a pending removal case, or an issue that makes them deportable. A court order that had limited these arrests in Maryland was vacated on August 14, 2026, so the question of protection is back before the trial court. The right preparation depends on your history, which is why we review it with you before the interview.
Key Takeaways
- Your risk depends on your history, not on the type of interview. A final removal order, an open case in immigration court, or a deportable offense is what draws attention.
- The Fourth Circuit vacated and sent back a ruling that had restricted ICE arrests tied to the provisional waiver process, so no court order should be treated as a safe harbor.
- Preparation is the best protection: a full review of your record, a plan for the day, and a lawyer who knows what to do if something goes wrong.
Can ICE really arrest someone at a USCIS interview?
Yes. USCIS and ICE are separate agencies inside the Department of Homeland Security, but they share information, and ICE can act on what it knows. The American Immigration Lawyers Association documented arrests at USCIS field offices in an August 2025 policy brief, describing people who showed up for what should have been a routine administrative step. Reports have come from marriage-based adjustment interviews in particular, where a noncitizen spouse of a U.S. citizen walks in to complete the final step toward a green card.
The pattern is not new, but it has grown. What has changed is how often it is reported and how little warning people get. If you have a USCIS interview coming up, it is reasonable to ask whether your history makes you a target, and the answer is a legal question we can work through with you.
Who is most at risk at the interview?
Not everyone faces the same exposure. In our experience reviewing these cases, the risk groups look like this.
- People with a final removal order. If an immigration judge ordered you removed and the order was never lifted, ICE has the authority to carry it out. A pending USCIS application does not cancel that order.
- People in removal proceedings. If you have an open case in immigration court, the court, not USCIS, usually controls your path forward. Our guide to the master calendar and individual hearings explains how that process works.
- People with a criminal history. Some offenses make a person deportable or inadmissible even when the case was closed years ago. Immigration law defines a conviction more broadly than most criminal courts, and we explain that point in our guide on green card holders detained by ICE.
- People who entered or stayed in a way that blocks adjustment. If the interview reveals that you are not eligible for the benefit you applied for, USCIS may refer the case instead of simply denying it.
If none of these describe you, your risk is much lower, but we still want to confirm that with a record review before the interview date.
What did the Fourth Circuit decide in August 2026?
The most recent court action came on August 14, 2026, in Sanchez v. Mullin and Lin v. Mullin, two consolidated cases from the Fourth Circuit Court of Appeals, which covers Maryland, Virginia, West Virginia, and the Carolinas. The plaintiffs were seven married couples, each made up of a U.S. citizen and a spouse with a final removal order, who said the government arrested the noncitizen spouse while the couple was pursuing a provisional unlawful presence waiver.
The trial court had ruled for the couples. The appeals court vacated that ruling and sent the case back. As we read the opinion, it held that the provisional waiver regulations do not stop the government from removing a person during the waiver process, and it found there was not enough evidence, without further fact-gathering, to prove that arrests were a bait-and-switch tied to the waiver. Because the court vacated and remanded, the litigation continues in the trial court.
What this decision does (and does not) change
It matters to be precise here, because the headlines can mislead.
- It does not make arrests at interviews legal everywhere or illegal everywhere. The opinion addressed a specific group of people (spouses with final removal orders using the provisional waiver process) and a specific legal theory.
- It removes the idea of a clear protective rule. The court read the regulations to leave enforcement discretion with the government, so nobody should assume an application shields them from arrest.
- It does not decide the case. The case goes back to the lower court for more proceedings, and the outcome there is still open.
- It does not cover everyone. Whether a rule protects you can turn on where you live and the type of application you filed.
For that reason, we do not tell clients to rely on any one court ruling. We plan for the interview based on the facts of the individual case.
Find out if we can help your case
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What about citizenship interviews and other USCIS appointments?
The same logic applies. A green card holder who applies to naturalize is asked about criminal history, travel, taxes, and past immigration conduct. If the answers show a ground of deportability, USCIS can deny the application and may issue a Notice to Appear, which starts removal proceedings. USCIS has published guidance on when it issues Notices to Appear, and it applies across many application types. We walk through what to expect from the filing side in our N-400 instructions guide. The takeaway is simple: before you file for naturalization, make sure nothing in your history will surprise you at the desk.
How should you prepare before your interview?
These steps help, and they work best when a lawyer reviews your specific facts first.
- Get a full record review. That means every arrest, charge, citation, and prior immigration filing, including old matters that you thought were over. Court records and FBI background results are the starting point.
- Check your immigration history. Look for any order from an immigration judge, any missed hearing, and any prior removal. These details drive the risk, and they are easy to forget.
- Decide whether to go with a lawyer. For higher-risk cases, bringing counsel to the interview is often the right call. Whether your lawyer can attend with you depends on the office and the interview type, so we plan that ahead of time.
- Prepare your family. Give a trusted person the contact information for your lawyer, copies of key documents, and instructions in case you do not come out of the building when expected.
- Keep your answers truthful and your documents organized. Honesty at the interview protects you from a separate problem, a finding of misrepresentation.
What can your family do if someone is arrested at an interview?
Move quickly and stay organized. Call a lawyer, gather the person’s full name, date of birth, and A-Number, and find out where the person is held. Our guide to supporting a loved one in ICE detention covers the practical steps. Depending on the facts, the routes to release can include a bond request, a parole request, or a federal habeas corpus petition, and which one fits depends on the person’s history. We explain how judges decide custody in our post on what the judge weighs at a bond hearing, and our habeas corpus page describes the federal court option.
Frequently Asked Questions
Can ICE arrest my spouse at our marriage green card interview?
It is possible, especially if your spouse has a final order of removal or an open case in immigration court. A spouse with valid status and a clean record faces much lower risk. We review the history first and then decide how to handle the interview.
Should I skip my USCIS interview if I am afraid of being arrested?
Not without legal advice. Missing an interview can lead to a denial or an abandoned application, and that can create new problems. Call us before the date so we can weigh the options for your situation.
Does the Fourth Circuit decision apply to me if I live in Florida?
Florida is in the Eleventh Circuit, not the Fourth. The Fourth Circuit ruling is not binding here, and in any event it vacated the earlier order that had limited arrests. We would not rely on it as protection.
Can a lawyer come with me to the interview?
In many cases yes. The right approach depends on the interview type and the field office, and we decide it case by case when we prepare you.
How We Can Help
We help clients prepare for interviews where the stakes are high. At Ilabaca Law, PLLC, we review your criminal and immigration history, tell you honestly whether the interview carries risk, plan how to handle the day, and respond quickly if a loved one is detained. If you have a USCIS interview coming up and you are worried, call us at (407) 917-2087 or use the intake form to start a free pre-evaluation.
Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship with Ilabaca Law, PLLC. Immigration law and agency policy change often, and the right step for you depends on your individual facts. Prior results do not guarantee a similar outcome. This may be considered an attorney advertisement.