Adjustment of Status in the U.S.: How to Avoid Risks at I-130 Interviews and When Using Advance Parole

In recent weeks, concerning reports have emerged: people showing up for their interviews at U.S. Citizenship and Immigration Services (USCIS) offices—especially those applying for a green card through Form I-485—are being detained, even if they have a clean record.

Hi, everyone! I’m attorney María Mendoza, an immigration law specialist with over 15 years of experience. Today, more than just wanting to write about this issue, I feel the responsibility to warn my community, not to alarm you, but to help you make informed decisions with the right legal support.

Related topic: USCIS Issues Memorandum on Notice to Appear (NTA).

What’s Happening at USCIS?

For years, adjustment of status interviews based on family petitions, such as Form I-130, were considered relatively safe, especially for people with no criminal history or prior immigration issues. However, under the current administration, there are increasing reports of individuals being detained during these interviews, even if they don’t have convictions or deportation orders.

That’s why now, more than ever, it’s critical not to attend an immigration interview alone and to consult with a qualified immigration attorney beforehand.

What Is Adjustment of Status, and When Can It Be Done Within the U.S.?

Adjustment of status is the process by which someone already in the U.S. can apply for lawful permanent residency (a Green Card) without leaving the country. This typically applies in cases such as:

• Being married to a U.S. citizen or a lawful permanent resident.

• Having a U.S. citizen child over 21 years old.

• Special humanitarian cases, like VAWA Visa, T Visa, or U Visa.
  
  

More information: Humanitarian Visas in the United States: What Do VAWA, T, and U Visas Forgive?

For many, adjusting status from within the U.S. is a safer option, especially if leaving the country could trigger a 10-year bar or if there is a risk that immigration officers might not allow them to reenter.

Who Is Most at Risk When Attending an Immigration Interview?

Every case is different, but these are some factors that may increase the risk of being detained at an immigration appointment:

• Having a prior deportation order.

• Using false documents or someone else’s identity in the past.

• Having a criminal record, including offenses like domestic violence.

• Entering and exiting the U.S. without permission.

• Having tattoos that could be misinterpreted as gang-related.

• Being arrested, even if no conviction followed.
  
  

Is It Safe to Use Advance Parole?

In theory, Advance Parole allows someone with a pending adjustment of status application to travel abroad and return to the U.S. However, under the current administration, if you have any negative record, no matter how minor, you must have your case legally evaluated before considering international travel.

Also read: What is a Travel Permit and Who Can Apply for One in the United States?

What Should I Do If I Have an Interview Scheduled?

• Consult with an immigration attorney before attending.

• Make sure you do not have any active deportation orders.

• Do not attend the interview alone, especially if you suspect something in your record could be a red flag.

• Consider whether you qualify to adjust your status without leaving the U.S., and explore any immigration benefits available for your case.
  
  

Final Thoughts

My commitment is to help protect your and your family’s future. Times have changed, and what used to be a routine appointment can now carry real risks if you do not take the right precautions.

If you need to fix your immigration status without leaving the United States or have questions about your case, contact us before attending any immigration interview. At The Mendoza Law Firm, your safety and peace of mind come first.

¡La lucha sigue!