The collaboration between USCIS and ICE has increased the risks at immigration interviews. Discover how a lawyer helps safeguard your rights, prevent detention, and guide you through the process.
Should I bring an attorney to my immigration interview?
Hi, I’m Jim Hacking, an immigration lawyer practicing throughout the United States from our offices in St. Louis, San Diego, and Washington, D.C. Over my 25 years of practice, I’ve seen hundreds of USCIS interviews—some routine, some tense. But nothing quite like what’s happening today in certain field offices.
Most immigration officers ask questions straight from the forms and don’t try to trick people. But some officers are known to use tactics designed to intimidate, mislead, or even catch applicants off guard. For example, in a naturalization interview following the 2016 election, where the first question was, “So, who did you vote for?” This isn’t about civics, it’s a subtle attempt to catch our client in a lie.
With what’s happening inside USCIS field offices in places like San Diego and San Francisco, the danger level has gone up dramatically. This is where a skilled immigration lawyer is ideal.
Key Takeaways:
• Couples go in expecting a routine interview, but ICE agents (masked and in tactical gear) are sometimes waiting to detain the immigrant spouse immediately after questioning.
• USCIS officers communicate with ICE in real-time through a structured process called the Facilitated Apprehension Interview Process (FAIP), where officers update ICE at multiple points during the interview to determine whether ICE wants to take custody.
• The spouse may be detained on the spot, sometimes while holding a child, with their US citizen partner forced to watch or leave the room.
Most applicants don’t realize what questions could trigger a denial. Find out how a skilled immigration lawyer safeguards you.
Table of Contents
According to reporting from the New York Times and corroborated by leaked memos and lawyer accounts, USCIS and ICE have been collaborating during marriage-based green card interviews. Here’s what’s happening:
Marriage-based green card applicants went in for their routine interviews and came out in handcuffs.
Not because they committed a crime.
Not because they entered illegally.
Not because they had warrants.
They are detained simply because:
• They overstayed their visa
• They entered under the Visa Waiver Program
• Their case took too long
• Or USCIS took months to decide something
This was happening under a secret joint operation between USCIS and ICE, known as the FAIP — Facilitated Apprehension Interview Process.
And the worst part? The couple had no idea ICE was even involved until the moment masked agents walked in.
Here’s what lawyers and officers have reported:
1. You sit for your marriage interview with a USCIS officer.
2. Everything seems normal—routine questions, evidence review.
3. Behind the scenes, the officer is messaging ICE in real time.
4. ICE sits in another room reviewing your status.
5. If they believe you’re “out of status,” they move in.
6. As soon as the officer wraps up the interview.
ICE agents in masks and bulletproof vests walk into the room and arrest the immigrant spouse.
Many are taken straight to:
• Downtown San Diego's basement holding rooms
• Otay Mesa Detention Center
• Or other ICE detention facilities
All of this without any prior notice, without a published policy, and without due process.
• Tom and Audrey Hesmark: Tom, a German national, was detained right after his interview, despite all documentation being in order. Audrey had to care for their infant alone.
• Jason and LMIA Cado: LMIA, a Mexican national, was detained during her interview, causing severe anxiety and panic attacks.
• Katie and Steven Paul: Katie, on a visa waiver program, was arrested while holding her four-month-old son. Their lawyer had to file a federal lawsuit to secure her release, which eventually led to USCIS approving her green card.
These stories are terrifying, but they reveal something critical: the law does not authorize these detentions during USCIS interviews without due process. There is no new executive order or rule that legitimizes this action. In fact, the process violates the Administrative Procedure Act and due process rights.
Protect your green card, visa, or status—learn why professional guidance during your interview matters.
Under the law:
• Congress explicitly allows people who entered legally to adjust status through marriage—even if they overstayed. This has been the rule since 1986.
• No new law, regulation, executive order, or policy was ever published. This violates the Administrative Procedure Act (APA).
• No public notice-and-comment period occurred. Required under federal rulemaking.
• Officers are acting outside their authority. And some USCIS officers have reportedly quit over this.
So here’s what happens:
Federal lawsuits are stopping detentions—and even getting people released.
One couple in the NYT story walked free only because attorneys filed an emergency federal court lawsuit. And that brings us back to the point of hiring a marriage visa lawyer.
Immigration is complicated. It's complex. There are a lot of factors to it. And sometimes when you're in an interview, and questions are coming at you like this, you might not see it coming. And you might not even know where they're headed.
This is why having an immigration lawyer present at your USCIS interview is more important than ever:
• Knowledge of the Law
The lawyer knows the law better than the immigration officers. So if things go off the rails, the lawyer can stop the interview and ask for a supervisor. The lawyer can ask you to go outside and discuss something. You can go outside the little office where you are with the officer.
Now I've only done that a few times, but sometimes it's important, especially if you think your client's getting into areas that might even reveal criminal activity.
• Preparation
Your immigration attorney can prepare you for unexpected questions, review evidence, and anticipate areas where ICE or USCIS might try to take advantage.
• Emergency Response
If ICE attempts a detention, your lawyer can document everything and immediately take action, including filing federal lawsuits to protect you and your family.
• Peace of Mind
Interviews are stressful, and having legal guidance allows you to focus on answering questions truthfully without fear of traps or intimidation.
Many times, you don't know what they have. You don't know what evidence they have or what evidence they've developed. You don't know who they've gone out and interviewed, and you don't know what they're getting at. So a lawyer should be able to guide you through that, to prepare you for that. And then, if things really go badly at the interview, to help protect you.
If you or your spouse has an upcoming USCIS interview or if someone was recently detained, you should:
• Contact a qualified immigration attorney before your interview.
• Prepare all documentation thoroughly, including evidence of lawful entry, marriage legitimacy, and financial records.
• Be aware of your rights during the interview. Remember: you are not required to answer questions that could incriminate you, and you have the right to have your attorney present.
• If detained, your lawyer can help secure bond, challenge the detention, and protect your green card application.
USCIS interviews are complicated and, as recent events have shown, can be hazardous without proper legal guidance. Having an experienced immigration lawyer is the best decision between a routine approval and a life-altering detention.
We want you to be informed, safe, and prepared. This isn’t about selling our services—it’s about empowering you to protect yourself.
If you have questions or need legal representation, call us at (314) 961-8200 or email us at [email protected]. You can also join our Facebook group, Immigrant Home, or subscribe to our YouTube channel for updates on immigration news and legal tips.
Remember: an interview can be routine, but with recent developments, never go unprepared. Your rights, your family, and your future could depend on it.
