A routine step in the US immigration process has taken a startling turn, sending waves of fear through immigrant communities, including a large number of Indians. Reports confirm that foreign spouses are now being detained by officials during their marriage-based green card interviews at United States Citizenship and Immigration Services (USCIS) field offices, a dramatic escalation from standard administrative procedure.
From Paperwork to Handcuffs: The San Diego Shift
For years, the adjustment-of-status interview for a marriage-based green card was viewed as a final administrative hurdle. This changed last week when multiple immigration lawyers reported detentions inside the USCIS field office in San Diego. Several of those detained had entered the US legally, had no criminal record, and were married to American citizens.
The sudden shift in policy has triggered widespread anxiety, particularly among Indian nationals who frequently rely on marriage-based applications to secure permanent residency. This development marks a stark departure from past practice, where such interviews were almost never the site of an arrest.
Why Are Arrests Happening Now?
According to legal experts, the crackdown serves a dual purpose: identifying fraudulent marriages and arresting individuals who have overstayed their visas, even if they are legally eligible to adjust their status through marriage.
Houston-based immigration attorney Rahul Reddy describes a new, uncompromising environment. "You need to understand, there are a lot of fraudulent cases that get filed in marriage cases. Approximately 30 to 40 per cent of the cases filed under marriage are fraudulent, if not more," he stated. He explained that suspicion which once led to a Request for Evidence (RFE) for more documents can now lead to immediate detention. "Previously, when officers suspected fraud, they used to issue a Request for Evidence. Now, under Trump 2.0, the direction is, if you’re confident it’s fraud, go and directly detain them."
The Overstay Dilemma and Legal Grey Area
A critical point of contention is the arrest of individuals solely for overstaying a visa. Under established US immigration law, a spouse who entered the country legally remains eligible for a green card even after years of overstay, provided the marriage is genuine.
Rahul Reddy emphasises this legal clarity: "the law is very clear: if a person has overstayed even for 30 years, the person is still entitled to get the green card if the marriage is genuine." Despite this, recent detentions appear to involve visa overstays. Texas-based lawyer Chand Parvathaneni notes, "basically overstays used to be forgiven if one married a US citizen, and now it looks like overstays can expect detention during green card interviews."
This creates a significant legal grey area, as Parvathaneni points out: "To arrest someone in a green-card interview just because of overstay is a grey area. They have not denied the adjustment of status, so the person is in a grey area and should not have been arrested."
Are Indian Nationals at Risk?
The immediate impact appears concentrated on other nationalities, but Indians are not considered immune. Parvathaneni stated he has not yet seen an Indian national detained under these circumstances, attributing it to lower overstay rates compared to some other groups.
However, Rahul Reddy warns that Indian nationals face equal scrutiny where fraud is suspected. "Indians are not immune to fraudulent marriage cases. Some of them do it, and they have been detained," he said. He also highlighted a stricter stance on certain asylum claims, noting that excuses once used by some migrants are no longer tolerated.
Both lawyers strongly advise applicants with any irregularities in their immigration history or concerns about their case to bring a lawyer to the interview. Reddy recommends, "I would definitely recommend taking a lawyer to the interview if there are questions on the legality of the marriage."
A Localised Trend or New National Policy?
Currently, this enforcement pattern seems focused on the San Diego USCIS field office. Both attorneys confirmed they have not witnessed similar arrests in other districts. However, they caution that if this reflects a change in national strategy rather than a local anomaly, it could quickly spread to other offices across the United States.
This recent development contrasts sharply with policies under previous administrations. Under Obama and Biden, arrests during these interviews were exceedingly rare, reserved for individuals with criminal warrants or prior deportation orders. Even during Trump's first term, while rhetoric and interview strictness increased, in-interview arrests were uncommon.
The situation remains fluid, leaving thousands of applicants, including many Indians awaiting their interviews, in a state of uncertainty and concern about what was once a predictable process.
