Will USCIS Send Me To Immigration Court or Arrest Me At My Interview?
Recently, the U.S. Citizenship and Immigration Services (USCIS) has implemented significant updates concerning immigrants appearing for USCIS interviews. These changes have profound implications for individuals navigating the immigration process.
It has been confirmed by USCIS that they detained 10 applicants appearing for their green card interviews in March, 2025. We do not have more information at this point, and cannot say for certain whether there were additional issues in these cases. So, what do we know?
Enhanced Enforcement Measures
In a policy memorandum dated February 28, 2025, USCIS announced an updated approach to issuing Notices to Appear (NTAs), the documents that initiate removal proceedings. This revised policy emphasizes national security and public safety, leading to increased issuance of NTAs in a broader range of circumstances. Notably, the policy removes previous exemptions, meaning that individuals found inadmissible or deportable during their immigration interviews may now be more susceptible to detention and initiation of removal proceedings.
The memorandum outlines specific situations where USCIS will issue NTAs, including:
· Cases involving fraud or material misrepresentation
· Instances of criminal conduct
· Denials leading to unlawful presence in the United States
Furthermore, Fraud Detection and National Security (FDNS) now reviews nearly all applications, increasing delays and scrutiny.
Impact on Applicants
The updated NTA policy signifies that immigrants attending USCIS interviews must be prepared for the possibility of immediate detention if deemed removable. This underscores the importance of comprehensive legal preparation prior to any USCIS engagement.
Recommendations for Applicants:
Given these developments, it is imperative to:
Seek Legal Counsel: Engage with an experienced immigration attorney to assess your case thoroughly before attending any USCIS interview.
Be Prepared: Ensure all documentation is accurate and complete, and be ready to address any potential issues that may arise during the interview.
Understand Your Rights: Familiarize yourself with your legal rights and the potential outcomes of your immigration proceedings.
Conclusion
The recent USCIS policy updates highlight the agency's intensified focus on enforcement during immigration interviews. For immigrants, this means a heightened risk of detention and removal proceedings. Staying informed and seeking professional legal advice is more crucial than ever to navigate these complexities effectively.