Are AOS Applicants Facing Detention During Adjustment of Status Interviews?

The process of adjusting status in the United States under INA 245(a) has long offered a pathway for individuals who entered the country legally but overstayed their visas to still obtain lawful permanent residency, especially when married to a U.S. citizen. Traditionally, these applicants could marry a U.S. citizen and apply for adjustment of status without fear of detention during their interviews. Recently, however, reports have emerged that this practice may be changing. Applicants in this situation are increasingly being detained at their adjustment interviews, raising concerns about shifts in immigration enforcement and policy.

This post explores the background of this issue, the implications for applicants, and what this evolving situation might mean for the future.

Background on Adjustment of Status for Visa Overstays

Adjustment of status (AOS) under INA 245(a) allows certain individuals already in the U.S. to apply for lawful permanent residency without leaving the country. One common scenario involves foreign nationals who entered legally on a visa but overstayed. When these individuals marry U.S. citizens, they typically become eligible to adjust their status based on the marriage.

Historically, USCIS has permitted these applicants to attend their interviews without detention, recognizing the legitimacy of their marriage-based claims. This policy has provided a crucial opportunity for families to remain together and for applicants to regularize their immigration status.

How the Process Worked

• Legal Entry: The applicant enters the U.S. on a valid visa.

• Visa Overstay: The applicant remained in the U.S. beyond the visa expiration date.

• Marriage to U.S. Citizen: At some point, the applicant married a U.S. citizen.

• Filing for Adjustment: The applicant files immigration applications to adjust status.

• Interview: USCIS schedules an interview to verify the marriage is bona fide, not entered into solely to obtain an immigration benefit, and that no grounds of inadmissibility apply.

• Approval: If approved, the applicant receives a green card.

  
  

This process has been a lifeline for many families, allowing them to avoid separation and the risks associated with leaving the U.S. to apply for a visa abroad.

Recent Reports of Detention at Adjustment Interviews

In recent weeks, immigration attorneys and applicants have reported a disturbing trend: applicants who overstayed their visas but married U.S. citizens are being detained during their adjustment interviews. This has specifically been reported at the USCIS San Diego office. This marks a significant departure from previous practice.

What Is Happening?

• Applicants arrive for their USCIS interview expecting a routine process.

• Instead of proceeding with the interview and potential approval, some are taken into custody by Immigration and Customs Enforcement (ICE).

• Detention occurs even when it appears applicants have no criminal record and have complied with all filing requirements.

• Applicants are transferred to detention centers, facing uncertainty and separation from their families.

  
  

Possible Reasons Behind the Change

While USCIS and ICE have not officially confirmed a policy shift, some factors that may be contributed:

• Increased Enforcement Focus: A broader emphasis on immigration enforcement may lead to stricter scrutiny of visa overstays.

• Coordination Between Agencies: ICE may be using adjustment interviews as opportunities to identify and detain individuals with overstays.

• Policy Ambiguity: Lack of guidance may cause inconsistent application of rules across offices.

  
  

Impact on Applicants and Families

This emerging practice has serious consequences for applicants and their families:

• Emotional Stress: Detention during what should be a hopeful step causes trauma and anxiety.

• Family Separation: Detained applicants may be separated from spouses and children, sometimes for extended periods.

• Legal Challenges: Detention complicates legal representation and the ability to respond to immigration proceedings.

• Uncertainty: Applicants face unclear outcomes and fear that their chance to adjust status may be lost.

What Applicants Should Know and Do

If you or someone you know is in this situation, here are some practical steps to consider:

• Consult an Immigration Attorney: Legal advice is critical to navigate the complexities and protect rights.

• Prepare for the Interview: Bring all required documents and evidence of a bona fide marriage.

• Stay Informed: Follow updates from USCIS, ICE, and trusted immigration advocacy groups.

• Have a Support System: Family and community support can provide emotional and logistical help.

  
  
  
  

What This Means for Immigration Policy

The reports of detention during adjustment interviews for visa overstayers married to U.S. citizens suggest a potential shift in immigration enforcement. This development raises several questions:

• Is this a new formal policy or an informal practice?

• Were there any particular characteristics about the applicants who were detained

• Will this trend continue or expand to other categories of applicants?

• How will this affect the willingness of applicants to pursue adjustment of status?

• What are the broader implications for family unity and immigration fairness?

  
  

At this stage, the situation remains fluid. Our law office and other Immigration advocates are monitoring developments closely to understand whether this represents a lasting change or isolated incidents.

Staying Updated and Seeking Clarity

This alarming situation is evolving. We are watching closely to get more clarity and determine if this is a new trend or a temporary enforcement pattern. Applicants and families should stay informed through reliable sources and seek professional guidance. Sign up for our newsletter to stay informed.

Disclaimer: This post provides general information and does not constitute legal advice. For specific cases, consult a qualified immigration attorney.