Marriage-Based Green Card Interviews in 2026: New Risks Couples Need to Prepare For
For years, many couples have viewed the marriage-based green card interview as the final (sometimes nerve-wracking) step in a lawful process: show up, answer questions, prove your marriage is real, and move forward.
But recent reports suggest something important has shifted.
Immigration attorneys and news sources are reporting instances where ICE agents have detained marriage-based green card applicants at or immediately after adjustment of status interviews at USCIS field offices, sometimes involving applicants married to U.S. citizens and sometimes involving cases described as “just an overstay.”
Let me say this clearly: Most marriage-based green card cases still move forward normally. This is not a “panic” post. This is a “prepare wisely” post.
Why this is happening (in plain English)
Many people assume that being married to a U.S. citizen creates a protective bubble during the green card process.
In reality:
- A pending green card application is a request for a benefit, not a guarantee against enforcement.
- USCIS interviews are not automatically “protected spaces.”
- If there is an underlying issue in someone’s immigration history (even from years ago), the interview can become the moment that issue surfaces.
This may feel unfair, especially for couples trying to do things the right way. But the safest approach is to assume that USCIS interview day is a high-stakes appointment and plan accordingly.
Who may be at higher risk
Every case is different, but based on how these situations typically unfold, certain facts tend to increase risk at an interview:
- Prior immigration court issues
- Any old removal/deportation order (including an in-absentia order from a missed court date)
- Any prior Notice to Appear (NTA) or unresolved EOIR matter
- Prior border encounters
- Prior expedited removal, withdrawal of application for admission, or “voluntary return”
- Prior entries where the record of entry is unclear or inconsistent
- Entry issues / eligibility issues
- Entry without inspection (EWI)
- A history that might require consular processing or waivers
- Any prior accusations or risk of misrepresentation (even unintentional)
- Criminal or records issues
- Any arrest history (even if dismissed)
- Outstanding warrants, unresolved tickets, or “identity mismatch” problems (name/DOB inconsistencies)
If none of these apply, that’s reassuring. If any of them apply, the goal is not fear, it’s strategy.
What couples “should do” before the interview
Here’s what I recommend if you have a marriage-based green card interview coming up:
- Get a case “risk screening” before the appointment. If there’s any prior immigration history, anything at all, talk to an attorney before the interview day.
- Consider attorney attendance at the interview. Even in routine cases, having counsel present can help keep things orderly and protect your rights if the interview takes an unexpected turn.
- Make a simple “interview day plan.” This is the part nobody thinks about until they desperately need it:
- Make sure the U.S. citizen spouse has access to bank accounts, childcare plans, car keys, medications, and important documents.
- Write down your attorney’s contact information (don’t rely on “it’s in my phone”).
- Identify an emergency contact who can step in quickly.
- Bring a complete copy of the filing and your identity documents. Show up prepared: your submitted I-485 packet (or a complete copy), civil documents, and updated relationship evidence.
- Don’t hide the ball with your attorney. If there’s anything in your history, it’s better to address it proactively than “hope it doesn’t come up.”
A final word
I truly wish this weren’t something families had to worry about. Couples shouldn’t feel afraid to show up to a government interview when they’re following the process! But ‘hope’ is not a plan, and preparation is peace.
If you have a marriage-based adjustment interview scheduled and you’re unsure whether there’s anything in your history that could cause issues, reach out to our office. We can review your facts and help you walk in with eyes open and a strategy in place.
Disclaimer: This post is general information, not legal advice. Every case is fact-specific.