Can ICE arrest you at a USCIS interview?
ICE can arrest someone at a USCIS interview. Whether that happens depends on the circumstances of the person’s case. The risk depends on the person’s immigration history, any removal order, criminal record, and the application being considered. An upcoming interview should be taken seriously, especially when any of those issues may affect the case.
An interview does not mean an arrest
People attend USCIS interviews as part of applications for immigration benefits, including green cards. Some applicants worry that appearing for an interview will put them at risk of arrest. While ICE has the ability to make an arrest, that possibility does not mean everyone who attends an interview will be arrested.
A person who has overstayed a visa may still have a path to a green card in some circumstances. For example, certain spouses, parents, and children of U.S. citizens may be eligible to adjust their status. Their eligibility and any risk at the interview depend on the details of their cases.
Circumstances that call for closer review
A final order of removal is an important concern. A person may have such an order even if they did not attend their immigration court hearing. Anyone who knows or suspects that a removal order exists should have it reviewed before going to a USCIS interview.
A criminal record may also affect the risk of ICE involvement. The significance of a particular record depends on what happened in the case, so it should be discussed with an immigration attorney rather than dismissed as minor.
Some people with final removal orders may have a way to seek reopening of their immigration cases. That possibility requires an individual review; it should not be assumed to apply simply because a person has a pending application or a family relationship with a U.S. citizen.
Prepare before the interview
Avoiding a USCIS interview out of fear may affect an application that could otherwise move forward. At the same time, attending without understanding a removal order, criminal history, or other concern can leave a person unprepared.
An immigration attorney can review the applicant’s history, explain the potential risks, and help plan for the interview. If you have questions about an upcoming USCIS appointment, call or text the Law Office of Louis S. Haskell at (978) 459-8359 to request a consultation.
This article is for general information only and is not legal advice.
TL;DR
ICE can make an arrest at a USCIS interview, but the risk varies by case.
A final removal order or criminal record may increase the risk.
An attorney can review the case before the interview and help the person prepare.
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Learn how a final removal order, criminal record, or immigration history may affect the risk of an ICE arrest at a USCIS interview.