Reports of Authorized-Stay Immigrants Detained at USCIS AOS Interviews

Emerging reports from online immigration communities and local news outlets in San Diego and San Francisco describe instances where individuals legally present in the United States are being detained during scheduled USCIS Adjustment of Status (AOS) interviews. According to the reports, the affected individuals entered the country lawfully, filed their AOS petitions before their visa expiration dates, and were in a period of authorized stay at the time of their interviews. Adjustment of Status is the primary pathway through which EB-3 employment-based immigrants obtain permanent residence without departing the United States. Applicants who timely file Form I-485 are generally considered to be in a period of authorized stay while their cases are pending, even if their original visa has since expired. Historically, attending a USCIS interview has been considered a protected act for individuals with pending petitions. If confirmed more broadly, these detentions could signal a shift in enforcement posture at USCIS field offices that directly affects EB-3 applicants awaiting green card interviews. The reports, though currently anecdotal and sourced primarily from Reddit and forum posts, have generated significant concern among the employment-based immigration community. EB-3 applicants with upcoming AOS interviews are strongly encouraged to consult with a qualified immigration attorney before attending any USCIS appointment. Carrying complete documentation — including the receipt notice, appointment letter, and evidence of authorized stay — is advisable. This situation is developing and should be monitored closely as additional verified information becomes available.