What's happening with individuals on authorized stay getting detained/arrested at USCIS during their AOS interview? [merged threads]

[speedster 27]

16 minutes ago, TBoneTX said:

Aha -- the "change of mind at baggage claim."

 

"Originally, Katie planned to return to the UK to sort out her green card, but due to her high-risk pregnancy, she decided to stay in the U.S.

The couple tied the knot the following month and soon discovered they were expecting their first child together.

At first, she planned to return to the U.K., but Katie discovered she was pregnant and chose to remain in the U.S. because of complications with her high-risk pregnancy."

Peoples lives change quickly and plans change.

AOS from B2 is common, you very well know this. Regardless of that, there is not reason for ICE to detain, unless it's for "look at our numbers" but then of course we know it was never about "doing it right"

[speedster 27]

45 minutes ago, TBoneTX said:

"Call a lawyer," perhaps.

Great, I have, it's always okay to ask other people that might have some first-hand experience in immigration

[Boiler 48,259]

 

[Nature Boy 2.0 8,480]

22 hours ago, sompsyth said:

Based on a few Reddit posts and anecdotal experiences from a few in the comment section that I have read so far, these people came here legally and the AOS petition was timely filed before the visa expiry, they are in an authorized stay (without legal status) and are getting detained at USCIS during their interview. 

 

There are several reports about this in the local news media from San Diego and San Fransisco. 

 

Any thoughts on this? So are we all going to agree that it was never about "legal immigration"?

Got a link? To a credible source

[TBoneTX 48,545]

The interesting Jim Hacking video answers a lot of questions.  All of us here are a little bit correct.

The takeaway is to remain in status.

[speedster 27]

https://www.nytimes.com/2025/11/26/us/trump-green-card-interview-arrests.html?unlocked_article_code=1.4E8.cL1o.VCG59vj3EBcL&smid=url-share

Conveniently we got our interview re-schedule notice

[Coco8 1,061]

Today I read this on the NYT "Green Card Interviews End in Handcuffs for Spouses of U.S. Citizens" Agents are arresting foreign-born spouses when they report for the final step to obtain permanent residency, and charging them with visa violations that could result in deportation.

 

Gift link: https://www.nytimes.com/2025/11/26/us/trump-green-card-interview-arrests.html?unlocked_article_code=1.4E8.cL1o.VCG59vj3EBcL&smid=url-share

 

It seems to me these are spouses who got married in the US on ESTA or visitor visa, and then did AOS in the US; rather than use the K1 or marriage visa. Typically, ICE or USCIS didn't go after people who used the 'loophole' (which is usually very much recommended against in this forum) to get married in the US, but it seems that's ending? I did find odd that one couple got married in October but waited until July to file their petition. 

 

 

[SalishSea 18,640]

I've always thought it was a bad idea to circumvent the wait for a visa by abruptly marrying and adjusting status.  

[J.M. 339]

For at least the next several years, immigration will be by the book.  No more "looking the other way" for people who try to circumvent the proper legal way to do things.  It's always hard to digest news stories like this, because they are always (understandably) written as if the subjects are "victims."  Truthfully, they are not victims.  They created their own issues and now are suffering the consequences of poor decisions.  I feel sorry for them, but then again, I felt sorry for my wife having to wait a long time to legally come here using the proper methods.

[Coloradonj 0]

Should I hire a lawyer for my wife's green card interview? She arrived on a k1 visa and filed aos before the 90 day deadline. Her interview is soon. What do I do if I dont have a lawyer and she is arrested? How do we respond if they ask her if she overstayed her visa?

[TBoneTX 48,545]

Thread is moved from General Immigration Discussion to the Current Events forum and is merged with an ongoing thread on this topic.

[speedster 27]

2 hours ago, J.M. said:

For at least the next several years, immigration will be by the book.  No more "looking the other way" for people who try to circumvent the proper legal way to do things.  It's always hard to digest news stories like this, because they are always (understandably) written as if the subjects are "victims."  Truthfully, they are not victims.  They created their own issues and now are suffering the consequences of poor decisions.  I feel sorry for them, but then again, I felt sorry for my wife having to wait a long time to legally come here using the proper methods.

The rhetoric and support for people being thrown into ICE detention centers and being ping ponged across the country is insane. Not to mention the historical human rights abuses ICE detention facilities have, such as forced sterilizations. But I guess that's the "consequences of poor decisions" cause of "They created their own issues", right?

 

Remember when they said they were only going after hardened criminals? Then it was anyone with serious infractions. Then it was just snatch and grab anyone off white. Now, it's people just going through the USCIS process fully stated on the website. If you don't think you're next, good luck.

It's not a loophole, it's strictly in the INA the adjustment procedure, blame congress for not changing anything. Not the people, especially when some had no choice but to file.

[Coco8 1,061]

2 hours ago, Coloradonj said:

Should I hire a lawyer for my wife's green card interview? She arrived on a k1 visa and filed aos before the 90 day deadline. Her interview is soon. What do I do if I dont have a lawyer and she is arrested? How do we respond if they ask her if she overstayed her visa?

 

You are fine because she had a K1 and you AOS before the deadline. The people taken into custody were doing AOS from ESTA, visa waiver (and possibly visitor visa)

[TBoneTX 48,545]

55 minutes ago, speedster said:

the historical human rights abuses ICE detention facilities have, such as forced sterilizations

Links, please?