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ICE Arrests at USCIS Offices: A Wake-Up Call for Immigration Applicants in Charleston

TLDR:
ICE has been arresting immigrants at USCIS interviews—even those with no criminal history—sparking national concern. While we have not seen this happen in Charleston yet, it’s a reminder of the growing risks in today’s immigration landscape. This is why having a qualified immigration attorney is more important than ever. If you’re preparing to file an immigration application, let’s talk.

Let’s Talk About What’s Happening

In February 2025, USCIS issued guidance to immigration officers to initiate removal proceedings for individuals whose immigration applications are denied and who are out of status. (See my article about that policy update↗.)

Now, there’s more news on this front.

If you’ve been following immigration news lately—or even if you haven’t—you need to know what’s going on. The American Immigration Lawyers Association (AILA) recently released a policy brief confirming something that should concern everyone in the immigration community:

ICE (Immigration and Customs Enforcement) is actively arresting individuals at USCIS field offices. Yes, at USCIS—the agency responsible for handling immigration benefits like green cards and naturalization, not deportation.

Since March 2025, AILA attorneys across the country have been reporting a troubling increase in ICE enforcement at immigration interviews. People are being detained at the very interviews they were required to attend in order to complete their applications.

As of AILA’s July 3rd report, these arrests have been confirmed in cities like Los Angeles, Miami, Charlotte, Dallas, and more. The trend shows no signs of slowing.

So What Does This Mean for Charleston?

Here in Charleston, South Carolina, we have not received reports of ICE making arrests at our local USCIS field office. But let me be clear: that doesn’t mean it can’t happen. Given the national pattern, we need to stay informed, vigilant, and proactive.

This isn’t about creating panic—it’s about protecting our communities and being smart about how we approach the immigration process.

Who Is Being Targeted?

The people being arrested aren’t necessarily criminals.

In fact, many have no criminal records at all. Many are attending marriage-based green card interviews or completing the final steps of their adjustment of status after years of living in the U.S. They often have U.S. citizen spouses or children and are taking steps to legalize their status.

Some have old removal orders they may not even know about. Others overstayed a visa or entered without inspection. These are the kinds of immigration violations that might be eligible for waivers—but ICE is not waiting to let people apply for them anymore.

Let that sink in: They are being arrested before they can even finish the legal process.

In one reported case, a man who had his marriage-based petition approved was still arrested on the spot due to an in absentia removal order from years ago. No criminal history. No warning. Detained on the day he came in with his U.S. citizen wife.

Why This Is So Alarming

Let’s remember what USCIS is supposed to be: an agency for processing applications, not for setting traps. Under the Homeland Security Act, enforcement duties are assigned to ICE and CBP—not USCIS. But now, USCIS is reportedly cooperating with ICE, even volunteering staff to assist with arrests.

This shift undermines the trust people have in the immigration system. Why would someone attend a required interview if they think they could be arrested for trying to follow the law?

Here’s What You Can Do

This is exactly why filing with an experienced immigration attorney matters more than ever.

It’s not enough to “do everything right” on your own. Even if you’ve never been arrested, even if you’re married to a U.S. citizen, even if you think your case is “simple”—the risks are real. And they’re rising.

A good attorney will:

  • Check your immigration history for any past orders you might not be aware of.
  • Identify risks and eligibility for waivers like the I-601A or I-212.
  • Help you prepare for interviews with protection in place. Check out our interview prep service↗.
  • In some cases, advise you to delay or avoid appearing at USCIS until legal safeguards are in place.

This is not about fear. It’s about strategy.

Don’t Wait Until It’s Too Late

If you’re thinking about filing an immigration application—whether it’s a green card, a waiver, or naturalization—talk to a lawyer first. There may be factors in your history that could trigger unexpected consequences.

Read my blog article about finding the right immigration attorney for you↗.

And if you already have an interview scheduled and you’re not working with an attorney, now is the time to change that.

Let’s Talk

At Occam Immigration, we work with individuals and families across Charleston and beyond to help them navigate the immigration process safely and confidently. We believe in immigration with dignity, compassion, and preparedness.

If you’re unsure about your case or just need someone to look things over, reach out. We’re here to help.

📞 Contact us today to schedule a consultation→.

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Understanding Immigration Enforcement Risks and Options in Charleston, SC

Last Update: July, 2025

Immigration policies and enforcement priorities are constantly shifting. For individuals in Charleston who may have overstayed their lawful status, it is crucial to understand both the risks of remaining out of status and the potential legal remedies available. This article outlines key concerns, options, and resources to help you make informed decisions about your immigration case.

The Risks of Overstaying Your Visa

Overstaying a visa can trigger serious legal and personal consequences. If you have overstayed, you are accruing what U.S. immigration law refers to as “unlawful presence.” Here are the primary risks you need to know:

  1. Unlawful Presence and Re-Entry Bans
  • 180 Days to 1 Year of Overstay: You may face a 3-year bar from re-entering the United States once you depart.
  • Over 1 Year of Overstay: You may face a 10-year bar from re-entering the country.
  1. Increased Deportation Risk
  • Individuals who overstay may become priorities for removal if discovered during routine checks (e.g., traffic stops or airport screenings) or when applying for other immigration benefits.
  1. Loss of Key Benefits
  • While in overstay status, you typically lose eligibility for employment authorization, the ability to renew a driver’s license, and other important benefits tied to lawful status.
  1. Future Immigration Challenges
  • Overstaying can create significant obstacles when applying for future visas or when trying to adjust status in the United States.

Current Status of Immigration Enforcement

Prior to January, 2025, Immigration and Customs Enforcement (ICE) was guided to focus enforcement efforts on individuals who posed threats to national security, who recently crossed the border, who have serious criminal convictions, and who have final orders of removal.

In January, 2025, President Trump signed an executive order removing the guidelines on ICE and directing them to enforce immigration laws on everyone who is not in lawful status.

Anyone without lawful status is at risk of being apprehended by ICE, detained, and placed in removal proceedings.

Now, there are reports of ICE arresting individuals at their USCIS interviews. See my blog article↗.

If you are in Charleston, SC, and have overstayed your visa, several pathways may still be open to you, especially if you have a strong case for adjusting your status. Examples include:

  1. Marriage-Based Green Card (Adjustment of Status)
  • If you lawfully entered the United States and are married to a U.S. citizen, you may be able to apply for a marriage-based green card through “adjustment of status” without leaving the country—even if you have accrued unlawful presence.
  • As of July 2025, processing times for marriage-based green cards (through Form I-485 Adjustment of Status) at the USCIS Field Office in Charleston can range between 6 and 18 months, though this can change.

Learn more about our Marriage-Based Green Card service↗.

  1. Waiver of Unlawful Presence
  • In some cases, you may qualify for a provisional waiver (Form I-601A) of unlawful presence. This waiver can help you overcome 3-year or 10-year re-entry bars triggered by an overstay.
  • Typically, you must demonstrate that your qualifying U.S. relative (usually a spouse or parent who is a U.S. citizen or lawful permanent resident) would experience extreme hardship if you were denied lawful status or forced to leave the country.
  1. Other Forms of Relief
  • If you have encountered persecution in your home country or have fears of returning, asylum or other humanitarian-based applications could be an option.
  • If you have been the victim of a serious crime that you reported to police and you cooperated to apprehend/prosecute the assailant, you may be eligible for a U Visa.
  • Those with longstanding presence in the U.S. and good moral character may explore relief options like Cancellation of Removal—but this usually requires facing immigration court proceedings first.

Steps to Take if You’re Eligible for Adjustment of Status

If you believe you qualify for a marriage-based or family-based adjustment of status, it is important to begin the process as soon as possible:

  1. Concurrent Filing
  • If you are married to a U.S. citizen, you can often file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time, minimizing waiting periods.
  1. Submitting Required Evidence
  • Expect to submit proof of a bona fide marriage, such as joint financial accounts, lease agreements, utility bills, and photographs demonstrating a legitimate marital relationship.
  1. Attend Interviews and Biometrics Appointments
  1. Stay Prepared for Requests for Evidence (RFEs)
  • Responding promptly and thoroughly to USCIS requests for additional documentation can prevent unnecessary delays in the adjudication process.
  1. Keep an Eye on Filing Fees and Timelines
  • As of July 2025, the filing fees for Form I-130 and Form I-485 total $2,115, but these fees are subject to change. Always check the most recent fee schedule.

Once your application is pending, you are considered to be in a “period of authorized stay.” You will get receipts showing you have a pending case, and can even apply for employment authorization and a social security number.

It is important to understand that a “period of authorized stay” is not the same as lawful status. As a matter of law, ICE can still detain and remove you while in a period of authorized stay. Under previous ICE guidance, ICE generally did not take enforcement action on people in periods of authorized stay. It remains to be seen if there will be a change in direction on that. There have been a few reports of individuals in periods of authorized stay being apprehended.

Attempting to navigate U.S. immigration laws on your own can be daunting—and mistakes can be costly. Under new guidance DHS guidance, USCIS officers adjudicating cases are now directed to issue a Notice to Appear in immigration court to anyone whose application they deny and who is out of status. Also, ICE is arresting people at their USCIS interviews↗(blog). The risks are higher than ever.

Here’s how an immigration lawyer in Charleston can help:

  • Case Assessment: A skilled attorney will evaluate whether you meet eligibility requirements for specific immigration benefits or waivers.
  • Application Preparation: Errors on forms can lead to rejections or delayed cases. A Charleston immigration lawyer ensures paperwork is complete and accurate.
  • Legal Advocacy: If your case faces complications—like an RFE, a Notice of Intent to Deny, or deportation proceedings—an attorney can represent you before USCIS or in immigration court.
  • Up-to-Date Knowledge: Immigration laws and policies change frequently. An attorney stays current on local enforcement trends, USCIS processing times, and the latest legal strategies.

Ready to take the next step? Schedule a Consultation with Occam Immigration↗ to discuss your specific case and how we can help.

The Risks of Doing Nothing

If you have a path to lawful status but delay taking action, you may face escalating consequences:

  1. Longer Unlawful Presence
  • The longer you remain out of status, the greater the potential re-entry bars you could face if you leave or are removed from the United States.
  1. Increased Enforcement
  • Even if not immediately targeted, policy shifts can broaden enforcement efforts, raising the risk of deportation for overstays.
  1. Lost Opportunities
  • Certain immigration programs or policy carve-outs can disappear over time, and processing times could lengthen. Acting now can safeguard your future options.

Local Community Resources in Charleston

Alongside professional legal support, there are other resources for the Charleston immigrant community, including:

  • Charleston Legal Access
    (Nonprofit offering low-cost legal services)
  • South Carolina Legal Services
    (Legal aid organization for low-income residents)
  • Catholic Charities of Charleston
    (Assists with certain immigration-related issues)

Visit our Charleston Immigration Resources Page↗ for more information on community resources.

While these organizations can provide valuable guidance, keep in mind that complex immigration cases often require individualized legal representation to ensure the best possible outcome.

How Occam Immigration Can Help

At Occam Immigration, our mission is to offer straightforward, results-oriented legal services to individuals and families seeking immigration solutions. Whether you’re facing an overstay issue, looking to file a marriage-based adjustment of status, or need a waiver of unlawful presence, our Charleston immigration attorneys are here to simplify the process.

Here’s what sets us apart:

  • Fast-Track-to-Filing: We use an efficient, streamlined approach to gather and prepare all required documentation quickly.
  • Transparent Fees and Timelines: No hidden costs. We keep you informed of projected timelines based on the most up-to-date USCIS information.
  • Proven Track Record: Our team has spent a decade exclusively helping clients successfully navigate marriage-based green card applications, waivers, and more.
  • Local Presence: We understand Charleston’s unique demographics and local challenges, offering personalized service that larger, out-of-state firms often cannot match.

Our founder and Managing Attorney, David Vyborny↗, went through the marriage-based green card, removal of conditions, and naturalization process through the Charleston Field Office.

Take Action Today

If you have overstayed your visa in Charleston, SC, it’s essential to protect your future by exploring every available legal option.

  1. Schedule a Consultation
  1. Discuss Your Eligibility
  • We’ll evaluate whether you qualify for a marriage-based green card, a waiver of unlawful presence, or other forms of relief.
  1. Begin the Process
  • If you decide to work with us, we’ll guide you step-by-step—ensuring your forms are filed accurately and on time.

Conclusion

Overstaying your visa in Charleston, SC, comes with significant risks, including re-entry bars, deportation, and future immigration hurdles. The good news is that viable options—such as adjustment of status for spouses of U.S. citizens or waivers of unlawful presence—may be within reach.

Time is of the essence. Start addressing your immigration concerns now to avoid longer-term penalties and ensure the best possible outcome for you and your family. For personalized legal advice and hands-on assistance, reach out to Occam Immigration→ today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique. For a thorough evaluation of your situation, consult a qualified immigration attorney.

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ICE Enforcement in South Carolina

About a month ago I was contacted by a reporter at the Post & Courier, the largest newspaper in Charleston, SC. The reporter was looking into rumors that ICE was ramping up enforcement of immigration laws, detaining individuals that are in the United States illegally (more about how one is in the U.S. illegally in another post).

I spent about 45 minutes on the phone with the reporter and eventually the story was published here. My quote in the article was very short, maybe because the substance of my conversation was that I didn’t believe that enforcement was abnormally increasing.

During our conversation I told the reporter that ICE enforcement has generally been a roller coaster, meaning sometimes enforcement is high, while sometimes you don’t hear much about detentions. It was only now that the media was picking up on it, in light of President Trump’s administration’s promise to deal with immigration. My thought is that, like any other federal agency, things tend to happen quickly when budgets are allocated, but as the money starts to diminish, so do the capabilities of the agency. Whether or not that is true is up for debate. Regardless, I thought that ICE was just doing what they usually do – pick up the “high priority” offenders, those who commit violent criminal acts, traffic drugs or people, etc., and they happened to currently be doing more enforcement because they were allocated their budget.

Now, about a month later, I am seeing that ICE has seemed to step up enforcement in South Carolina. It appears they are targeting individuals who are not as high priority as those mentioned above. For example, I recently had a call from the family of an individual who failed to appear for a traffic ticket in court, and had an outstanding warrant. ICE picked the individual up, detained him, and he is now on his way to court in Atlanta, hoping that there might be some way I can prevent him from being deported.

I don’t know how far down the priority list ICE is going in South Carolina. I am basing my conclusion on the only data I have – phone calls to my office from relatives of people who are detained and need help.

Whether you are in South Carolina or not, my suggestion to any person who may have some reason to fear a visit from ICE – visa overstay, outstanding warrant, criminal arrest, entering the country illegally, etc.:

Contact an immigration attorney for advice on your situation!

There might be some way to help you. For the price of an in-depth consultation, where your whole situation is reviewed, you might get some good advice, or your problem can be resolved so you no longer have to fear a visit from ICE. It may end up being worth it, because you’ll spend a lot more money hiring an attorney to represent you if you’re placed in a removal proceeding.

Good luck,

David Vyborny, Occam Immigration