Over the last several months, we've seen an alarming trend: some immigrants are walking into USCIS interviews expecting progress — and walking out in ICE custody.
That’s right. What’s meant to be a routine immigration interview can, in rare but devastating cases, end in detention or deportation proceedings.
At Landerholm Immigration, A.P.C., we believe in being proactive. If you have an upcoming interview with USCIS, this blog is your warning — and your guide.
1. Know What You’re Walking Into
It doesn’t matter if your interview is for a green card, asylum, a waiver, or something else — you need to understand that USCIS sometimes works hand-in-hand with ICE.
This isn’t a scare tactic. It’s a fact.
Immigrants with past orders of removal, unresolved criminal issues, or previous immigration violations are most at risk. If USCIS discovers a red flag in your record,they can quietly notify ICE — and ICE can show up to arrest you after or even during the interview.
2. What Triggers This?
The most common triggers for ICE involvement include:
- Old deportation orders (even from years ago)
- Pending or unresolved criminal convictions
- Inconsistencies or suspected fraud, especially in marriage-based cases
- Failure to disclose information on applications
Even if you think your record is clean, don’t assume you're safe. Minor details can lead to major consequences. Let an experienced immigration attorney review your case beforehand.
3. Your Rights at a USCIS Interview
Even in a high-pressure situation, you still have rights:
- You can remain silent if a question could incriminate you.
- You can bring an attorney to your interview (and you should).
- You can refuse to sign any documents you don’t understand.
However, keep in mind that USCIS officers are not law enforcement, but they may collaborate with ICE. That’s why being mentally and legally prepared is crucial.
4. What Your Lawyer Can (and Can’t) Do
At your interview, your attorney cannot speak on your behalf. But their presence is still powerful:
- They can observe the officer’s behavior
- They can intervene if the interview becomes inappropriate
- They can help clarify misunderstandings
- They can protect your rights — and help you prepare before the big day
If you feel nervous, uncertain, or afraid, that’s a signal: bring legal backup.
5. What Happens If You're Taken Into Custody?
If ICE detains you at or after a USCIS interview:
- You’ll be transported to a detention facility
- You’ll be placed into removal proceedings (if not already)
- You’ll likely need to file a stay of removal, motion to reopen, or bond request
This is where having an attorney can make all the difference. Every minute matters once you’re detained. Having a plan beforehand could mean the difference between release and deportation.
6. How to Prepare the Smart Way
Before your interview:
- Review your entire immigration and criminal history
- Ensure all applications are complete, truthful, and consistent
- Organize and label your documents (bring copies of everything)
- If married, practice your answers for marriage-based interviews — officers are trained to detect even small inconsistencies
And most importantly: if there’s any doubt, have your case reviewed by an attorney before you go in.
Don’t Take the Risk Lightly
We’ve seen how quickly things can go wrong. But we’ve also seen how strategic legal preparation can make the difference between approval and deportation.
At Landerholm Immigration, A.P.C., we help immigrants face interviews with confidence. Whether you’re preparing for your first USCIS appointment or returning after a Request for Evidence, we’re here to protect your rights and fight for your future.
Call us at (510) 488-1020
Or visit landerholmimmigration.com to schedule a strategy session.
Don't go to your interview unprepared. We’re on your side — and we’re ready to fight.