By Attorney Oyesanmi Alonge
One question immigrants ask more than almost any other is this:
“If I go to my USCIS interview or my immigration court hearing, will I be arrested?”
This fear is real. People have seen videos online, heard stories from friends, or lived through past encounters that left them anxious. But the truth is far more structured and predictable than the rumors suggest.
Arrests at USCIS and in immigration court do happen, but they happen for specific, identifiable reasons—not randomly, not to everyone, and not because someone attends an interview or hearing in good faith.
This guide explains when arrests happen, how the system works, and how to protect yourself, using clear, accurate information rooted in immigration law and real-world practice.
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When Do Arrests Happen? (General Principles That Apply Anywhere)
Whether at a USCIS field office or an immigration court building, arrests occur only when significant legal issues already exist. These are the five major triggers:
A. You Have a Final Order of Removal
If you were ordered removed in the past—whether you remember it or not—ICE may enforce that order when they encounter you.
This is the number one cause of arrests at both USCIS and immigration court.
B. You Have Certain Serious Criminal Convictions
Convictions involving:
- aggravated felonies,
- drug trafficking,
- major fraud,
- crimes of violence, or
- public safety risks
can make someone a priority for detention.
(Minor offenses generally do not trigger arrest.)
C. You Re-entered the U.S. After Being Removed
If you left the U.S. under a removal order and came back without permission, that is a federal offense.
When USCIS or ICE discovers this, arrest is common.
D. There Is Serious, Intentional Fraud
This includes:
- sham marriages,
- false identities,
- fake documents, or
- fraud tied to criminal activity.
Minor inconsistencies or misunderstandings do not fall in this category.
E. ICE Is Actively Looking for You
If ICE has been trying to find you—such as visiting your home, issuing reporting instructions, or opening an enforcement case—your appearance at USCIS or court may alert them.
If none of the above apply to you, the risk of arrest is generally low.
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What Actually Happens at USCIS Interviews
USCIS officers do not arrest people. They are not enforcement agents.
But they may notify ICE if one of the serious triggers above appears in your file.
Arrests at USCIS interviews typically involve:
- people with final removal orders,
- people with serious criminal convictions,
- people who re-entered after deportation,
- people involved in major fraud,
- people ICE is already searching for.
For the vast majority of applicants—marriage-based, asylum, VAWA, TPS, U-visa, adjustment of status—attending a USCIS interview is safe and routine.
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What Actually Happens in Immigration Court Buildings
Immigration judges do not arrest people. They have no authority to do so.
However, ICE officers are physically present in some court buildings.
Arrests in court typically occur when:
- a person already has a final removal order,
- they failed to appear for earlier hearings,
- they violated supervision requirements,
- they have criminal convictions that trigger mandatory detention, or
- they are classified as an enforcement priority.
If you are attending court because your case is pending, and none of the major risk factors apply to you, you generally will not be arrested.
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When Arrests Do Not Happen
You are not usually arrested simply because:
- you overstayed your visa,
- you entered without inspection but have no serious criminal history,
- your prior immigration case was denied,
- you are applying for VAWA, asylum, adjustment of status, TPS, or a work permit,
- you are attending a marriage interview,
- you received an RFE,
- you missed a biometrics appointment in the past,
- you have only minor traffic violations,
- you show up for your scheduled court hearing.
Most immigrants fall in this category, and arrests are rare.
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How to Protect Yourself Before You Attend
Regardless of your situation, good preparation reduces risk and increases safety.
A. Consult an Immigration Attorney First
An attorney can:
- check for old removal orders,
- review criminal history,
- analyze prior filings,
- identify issues you may not know exist,
- attend the interview or hearing with you.
This is the most important protection you can have.
B. File a FOIA If You’re Unsure About Your History
FOIA is essential if you have ever:
- been detained at the border,
- applied for asylum long ago,
- missed court dates in the past,
- been involved in a case you did not complete,
- left and re-entered the U.S. multiple times.
FOIA reveals what the government has on record.
C. Resolve Criminal Matters Before You Go
Even minor warrants or open cases can complicate your situation.
Speak with both an immigration and criminal defense attorney when necessary.
D. Do Not Skip Your Interview or Hearing without Legal Guidance
Skipping can lead to:
- denial of your case,
- automatic removal orders,
- a higher priority classification by ICE.
If you are afraid of arrest, the solution is legal preparation—not avoidance.
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High-Risk Scenarios Where You Should Pause and Get Legal Advice
Do not attend a USCIS interview or court hearing without an attorney if you:
- know you have a final removal order,
- previously re-entered after deportation,
- have serious criminal convictions,
- were advised by a notario or unlicensed “immigration helper,”
- received a fraud accusation in the past,
- suspect you missed an old court date,
- think you may have been ordered removed without knowing,
- had multiple border encounters.
In these cases, an attorney can take steps to protect you before you appear.
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Final Thoughts
The fear of arrest at USCIS or immigration court is real—but arrests do not happen randomly, and they do not happen to most people. They occur only when certain serious issues already exist.
With the right preparation:
- most people attend USCIS interviews safely,
- most people attend immigration court hearings without being detained,
- and many people successfully move their cases forward.
If you are unsure about your risk level—or if you have past immigration issues, prior deportation orders, criminal history, or confusion about your immigration history—Alonge Law Firm, P.C. can help:
- review your records,
- identify real risks,
- explain your options,
- prepare you fully, and
- attend with you for protection and peace of mind.
You do not need to face USCIS or immigration court in fear—or alone.
