Who is at risk? — Immigration Lawyer Blog — September 15, 2025
- USCIS officers now have expanded authority
- Immigration officers have been granted law enforcement powers as federal agents
- Increased ability to investigate immigration cases for fraud, misrepresentation, and other violations
- Authority to refer cases for criminal prosecution
- Power to arrest and detain applicants during green card interviews for violations
- Gather strong evidence of your intent at the time of entry, such as return flight tickets, proof of employment or school enrollment abroad, or other ties to your home country.
- Be honest and consistent in all immigration applications and interviews, especially when discussing your reasons for initially entering the U.S.
- Avoid making major life changes (like marriage to a U.S. citizen) immediately after entering on a tourist or other temporary visa, as this can raise red flags.
- Consult an immigration attorney before filing for adjustment of status, particularly if your circumstances may appear suspicious to USCIS.
- Keep a clear timeline and documentation of your relationship and immigration journey to show that your actions were not pre-planned to bypass immigration laws.
- If you overstayed a visa, be prepared to explain the reasons and provide supporting documentation where appropriate and necessary. Always seek the assistance of an attorney.