Understanding the New Immigration Reality for US Citizen Spouses
Families across America are facing an unexpected crisis. What should be a celebratory moment—obtaining legal permanent residency through marriage to a US citizen—has become a source of anxiety and separation for dozens of couples nationwide.
What’s Happening at Green Card Interviews?
Immigration and Customs Enforcement (ICE) has begun detaining green card applicants during routine United States Citizenship and Immigration Services (USCIS) interviews, marking what immigration attorneys describe as an unprecedented departure from decades of established practice.
Recent cases include:
- A British mother holding her infant, detained and later released after nearly a week
- A Ukrainian refugee seeking safety through marriage to an American
- The wife of a Navy veteran, now fighting her case in immigration court
- A German immigrant detained just before his first wedding anniversary
These incidents have been reported in San Diego, New York City, Cleveland, and Utah, with San Diego alone accounting for several dozen known cases.
The Legal Framework: What the Law Actually Says
Under current US immigration law, immediate relatives of US citizens—including spouses—are explicitly eligible for green cards even if they previously overstayed their visas or fell out of legal status. This congressional exception recognizes that the adjustment of status process can take over a year, during which visa expirations commonly occur.
Julia Gelatt, associate director of the US immigration policy program at the Migration Policy Institute, emphasizes that this legal pathway was specifically designed for immediate relatives. “This was or is the legal path for them to adjust their status. This is going about doing things ‘the right way,'” she explained.
Why Are These Detentions Happening Now?
The Trump administration has stated that individuals are being detained for visa overstays, which it classifies as immigration law violations. USCIS spokesman Matthew J. Tragesser indicated that apprehensions may occur for outstanding warrants, removal orders, fraud, crimes, or other immigration violations.
However, immigration attorneys argue this represents a fundamental shift in enforcement priorities. “While there’s nothing in particular that says ICE can’t detain them during that time, it’s always been viewed as a waste of resources, because they are eligible for the benefit of a green card,” said Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association.
Real Stories: Families Torn Apart
The Navy Veteran’s Family Jeremy Lawer, 33, attended what he thought would be a routine interview with his wife of 25 years’ US residence. Despite owning a home together and receiving approval for their spousal petition the same day, ICE agents detained his wife. “The interview was going pretty well, and ICE agents came anyway. We were incredibly shocked,” Lawer said.
The Young Mexican Immigrant A man in his early 20s, brought to the US as a teenager when his parents overstayed their visa, married a US citizen and followed every legal requirement. Two days before Thanksgiving, ICE detained him during his green card interview despite his eligibility and clean criminal record.
The Impact on Immigration System and Taxpayers
Once ICE detains a green card applicant, their case enters the immigration court system, where prosecutors argue against granting legal status. Given the existing years-long court backlogs, these detentions significantly extend processing times for legally eligible applicants while increasing costs to taxpayers.
San Diego immigration attorney Jan Joseph Bejar warns that if these arrests spread nationwide, “It’d be huge. It would be really devastating.”
How Many People Could Be Affected?
The exact number remains difficult to quantify, but hundreds of thousands of people are currently at various stages of the green card application process, according to USCIS data. Many spouses of US citizens could potentially fall into the visa overstay category simply due to the lengthy processing times.
Changes in USCIS Officer Behavior
Attorneys across the country report noticeable shifts in interview procedures. Courtney Koski, a senior attorney with the Costas Law Firm in Cleveland, observed officers “scrutinizing and nitpicking every aspect of the case, looking for reasons to deny.”
This represents a stark contrast to previous administrations, where detention at green card interviews was reserved for individuals considered threats to national security or public safety.
What This Means for Future Applicants
Immigration attorneys are now warning their clients about potential detention risks, even for those with no criminal history and clear legal eligibility. The options for protecting oneself remain limited, as the interviews are mandatory steps in the green card process.
Bejar noted that by the time couples reach the interview stage, “you’re almost there. You’ve gone through the sacrifices of paying for the government fees, for your legal fees.” The sudden detention risk has created widespread panic among eligible applicants.
The Bigger Picture: Legal Immigration Under Scrutiny
These detentions represent one component of broader policy changes targeting legal immigration pathways. The administration has increased scrutiny across multiple aspects of the green card application process, affecting not just visa overstays but various elements of eligibility review.
What Families Should Know
If you’re a green card applicant married to a US citizen:
- Immediate relatives of US citizens retain legal eligibility for green cards even with prior visa overstays
- Detention during interviews, while previously extremely rare, is now occurring with greater frequency
- Once detained, cases move through immigration courts, significantly extending timelines
- Consult with an experienced immigration attorney before your interview to understand your specific situation
Conclusion
The detention of green card applicants at routine USCIS interviews marks a significant shift in US immigration enforcement. While the Trump administration emphasizes enforcement of immigration law violations, attorneys and policy experts argue these actions target individuals following the legal pathways Congress specifically created for them.
For the families caught in this policy shift—the British mother, the Ukrainian refugee, the Navy veteran’s wife, and dozens of others—the promise of legal permanent residency through marriage has become uncertain terrain, despite their eligibility under federal law.
