What was meant to be a joyful final step toward permanent residency has become a nightmare of sudden arrests and family separation
New York – December 28, 2025 A routine green card interview — the long-awaited final milestone for binational couples — has turned into a scene of shock and heartbreak for some foreign spouses of American citizens, according to a recent New York Times investigation.
Couples arrive at U.S. Citizenship and Immigration Services (USCIS) offices expecting approval after months (or years) of paperwork, fees, and anticipation. Instead, as the interview wraps up, Immigration and Customs Enforcement (ICE) agents enter the room, place the foreign spouse in handcuffs, and take them into custody.
These surprise detentions began surging around November 12, 2025, with immigration attorneys in high-volume areas like San Diego reporting several dozen cases in recent weeks alone.
A Historic Shift in Enforcement
Many of those detained entered the United States legally — on tourist, student, business, or other visas — but overstayed while their marriage-based adjustment-of-status applications were pending. This is a common scenario caused by lengthy USCIS backlogs.
Under a 1986 federal law, spouses of U.S. citizens who entered lawfully remain eligible for green cards even if their original visa expires during processing. Historically, such overstays have rarely triggered arrests during the green card interview itself.
Now, ICE is citing those same overstays as grounds for immediate detention and initiation of removal proceedings — a practice attorneys describe as unprecedented.
One San Diego immigration lawyer told The New York Times that five of his clients — all foreign spouses of U.S. citizens with no criminal records — were detained in a single week.
Heart-Wrenching Scenes
Personal stories paint a devastating picture.
Audrey Hestmark described watching in disbelief as three masked ICE agents handcuffed her German husband just days before their first wedding anniversary. The couple had followed every rule, submitted mountains of evidence proving their bona fide marriage, and arrived at the interview full of hope.
Similar accounts have emerged across the country: American spouses left alone in interview rooms, children waiting in lobbies unaware their parent won’t be coming home, and families suddenly separated.
Detainees are often transferred to immigration detention centers, where release on bond can take weeks or months — if granted at all.
Official Stance vs. On-the-Ground Reality
Immigration officials maintain that arrests are lawful and limited to individuals with outstanding warrants, prior removal orders, suspected fraud, or other violations. Overstaying a visa does technically make someone removable under U.S. law.
Yet attorneys and advocates argue the timing and scale represent a deliberate policy shift under the current administration’s aggressive interior enforcement priorities.
Growing Caution in the Community
The surge has sparked alarm among immigration lawyers, who are now warning clients — especially in hotspots like California, Texas, and New York — that attending a scheduled green card interview carries unexpected risks.
Some attorneys advise extreme caution, recommending legal consultation to assess individual vulnerability before proceeding. In rare cases, couples are even considering postponing interviews despite years of waiting.
For the Haitian diaspora and other immigrant communities with many binational marriages, the news adds another layer of anxiety to an already uncertain immigration landscape.
As one attorney put it: “These are not criminals. These are people married to Americans, building lives here, paying taxes — and now they’re being treated like fugitives at what should be one of the happiest moments of their lives.”
L’Union Suite will continue monitoring this developing story and share resources for affected families. If you or someone you know is facing a pending interview, consult an accredited immigration attorney immediately.
Love should not come with handcuffs.
