The Trap Door: Why Marriage Green Card Interviews Are Now Arrest Sites

For decades, the "marriage interview" was the final hurdle to a green card—a nerve-wracking but bureaucratic test of a relationship's validity. That era ended in late 2025. Following a quiet but seismic policy shift by U.S. Citizenship and Immigration Services (USCIS) on August 1, 2025, approval of a marriage petition (Form I-130) no longer offers protection from deportation. More alarmingly, since November, immigration attorneys in cities like San Diego, Los Angeles, and New York have reported an unprecedented pattern: ICE agents detaining foreign spouses directly at USCIS field offices during their interviews. This coordination, unannounced and undisclosed, transforms the path to legal status into a potential trap for applicants with visa overstays.

The Context (How We Got Here)

The crackdown began with a policy manual update in August. USCIS clarified that approving a family petition does not "grant legal immigration status or prevent the issuance of a Notice to Appear (NTA)" in deportation court. While technically a "clarification," it shattered the longstanding assumption that an approved marriage petition shielded applicants while they waited for their green cards. Then came the enforcement. Reports surfaced in December of applicants—many with no criminal record, only visa overstays—being arrested by ICE moments after facing USCIS officers. This suggests a new, synchronized effort between the agency that grants benefits (USCIS) and the agency that deports (ICE), a collaboration that legal experts call a "pilot program" designed to catch applicants when they are most vulnerable.

The Key Players (Who & So What)

• USCIS (The Gatekeeper): Once seen as a service agency, USCIS has pivoted to active enforcement. By mandating in-person interviews for all couples and potentially coordinating with ICE, the agency is prioritizing fraud detection and removal over family unity.
• ICE (The Enforcer): Operating in the shadows of USCIS offices, ICE’s presence at interviews signals a strategy to target "low-hanging fruit"—applicants who voluntarily walk into federal buildings to legalize their status.
• Immigration Attorneys: The whistleblowers. Lawyers like Pouyan Darian and Sabrina Ali are documenting these detentions, warning that what was once a routine administrative step has become a high-risk gamble. "Historically, this never happened," Darian notes, highlighting the shock within the legal community.

The BIGSTORY Reframe

While mainstream media focuses on "stricter rules" and paperwork, the deeper story is the "Approval Illusion." Millions of families believe that once USCIS validates their marriage, they are safe. The new policy explicitly dismantles this safety net. You can have a valid, approved marriage to a U.S. citizen and still be placed in deportation proceedings. The interview is no longer just about proving love; it’s about avoiding arrest.

Furthermore, the "90-Day Trap" remains a hidden landmine. Couples who marry within 90 days of the foreign spouse's arrival on a tourist visa face accusations of "misrepresentation"—visa fraud—which carries a lifetime ban from the U.S. This rule, combined with the new enforcement aggression, weaponizes timing. A quick wedding isn't just romantic spontaneity anymore; it's potential evidence for deportation.

The Implications (Why This Changes Things)

This shift creates a "chilling effect" that goes beyond undocumented immigrants. H-1B workers and other skilled professionals may delay marriage or avoid sponsoring spouses to escape the intensified scrutiny. For mixed-status families, the risk calculus has flipped: applying for legal status now carries the immediate threat of family separation. The message from the government is clear: the door to America is open, but there might be a trap door right behind it.

The Closing Question (Now, Think About This)

If walking into a government office to follow the law leads to your arrest, are we enforcing immigration rules, or discouraging legal compliance?

Sources

News Coverage

• News18 – US Makes Green Card Process Tougher For Married Couples
• Hindustan Times – Green card rules change for married couples
• Financial Express – US green card rules explained: 9 major changes

Legal & Expert Analysis

• Fuessel Law – ICE Detentions at Marriage-Based Green Card Interviews
• Abbasi Immigration Law – New USCIS Crackdown on Marriage-Based Green Cards
• Sabrina Li Law – Disturbing Trend: ICE Detaining Immigrants at USCIS Interviews