Green Card Marriage Process Under New Scrutiny
For decades, the green card marriage process has been considered one of the most reliable legal pathways to permanent residency in the United States. Spouses of U.S. citizens applying through adjustment of status were generally protected, even if they had previously overstayed a visa. Now, immigration attorneys across the country say that long-standing practice is changing — and the consequences are leaving families fearful and uncertain.
In recent weeks, multiple spouses of U.S. citizens have been detained by Immigration and Customs Enforcement (ICE) during what were expected to be routine green card interviews at U.S. Citizenship and Immigration Services (USCIS) offices. Attorneys describe the trend as unprecedented and deeply alarming for lawful applicants pursuing a spouse of U.S. citizen green card.
Detentions Reported Across Multiple U.S. Cities
Several dozen detentions have been reported in San Diego alone, with additional cases emerging in New York City, Cleveland, and Utah. In many instances, individuals were taken into custody immediately after or even during their adjustment of status interview.
Those detained include a British mother holding her infant, a Ukrainian refugee, the wife of a U.S. Navy veteran, and a German national preparing to celebrate his first wedding anniversary. All were legally married to U.S. citizens and actively pursuing a green card through marriage, according to their attorneys.
Attorneys Call the Shift “Unprecedented”
Immigration lawyers say these ICE arrests represent a sharp departure from decades of immigration policy. Traditionally, Congress carved out protections for immediate relatives of U.S. citizens, including spouses, allowing them to pursue lawful permanent residency even if they had fallen out of status due to a visa overstay.
“This is supposed to be the lawful path,” said San Diego immigration attorney Jan Joseph Bejar, whose client was detained during a USCIS interview just before Thanksgiving. “If this spreads nationwide, it would be devastating for thousands of families.”
Under existing law, spouses of U.S. citizens remain eligible for a green card even if they overstayed a visa — a fact well established in the green card marriage framework. Attorneys argue that the new enforcement approach undermines this legal principle.
Visa Overstays and Adjustment of Status
The Trump administration has defended the detentions, stating that individuals were taken into custody because they had overstayed their visas — a violation of immigration law. However, immigration experts point out that visa overstays have long been forgiven in cases involving adjustment of status for spouses of U.S. citizens.
Because the green card through marriage process can take more than a year, many applicants naturally fall out of temporary status while waiting. According to policy experts, this was precisely why Congress created exceptions for immediate relatives.
“There was a clear carve-out for spouses of U.S. citizens,” said Julia Gelatt of the Migration Policy Institute. “People can easily fall out of status while waiting for their green card marriage application to be approved.”
Real Families, Real Consequences
In some cases, detainees have been released after days or weeks. The British mother was freed nearly a week later and ultimately had her green card approved. The Navy veteran’s wife was released on bond but must now fight her case in immigration court. The status of other detainees remains unclear.
Once ICE detains a green card marriage applicant, the case shifts into the immigration court system. Prosecutors may then argue against granting legal status, even when the applicant is otherwise eligible. With immigration courts facing massive backlogs, this can delay approvals for years and impose significant emotional and financial strain on families.
Government Response and Enforcement Stance
USCIS officials say apprehensions may occur if applicants have outstanding warrants, prior removal orders, or other immigration violations. ICE has emphasized that individuals who are out of status, even at federal facilities like USCIS offices, may face arrest and removal.
Administration officials argue that visa overstays are a clear violation of U.S. immigration law and can result in deportation. Immigration attorneys counter that this interpretation ignores long-standing protections built into the green card marriage system.
What This Means for Green Card Marriage Applicants
There are currently hundreds of thousands of people nationwide in some stage of the spouse of U.S. citizen green card process. Attorneys warn that many of them could technically be considered out of status while waiting — placing them at potential risk if this enforcement approach expands.
For now, legal experts urge applicants to consult experienced immigration attorneys before attending adjustment of status interviews and to fully understand the risks involved.
As enforcement intensifies, one thing is clear: the once-stable green card marriage pathway is facing new uncertainty, leaving U.S. citizens and their spouses questioning whether following the legal process is still enough to keep families together.