What Green Card Applicants Married to U.S. Citizens Need to Know — and What You Can Do to Protect Yourself

If you are living in the United States without legal status, are married to a U.S. citizen, and are working toward a green card through the I-601A provisional waiver process, a new federal court decision directly affects you. On August 14, 2026, the U.S. Court of Appeals for the Fourth Circuit — the federal appeals court that covers Virginia, Maryland, West Virginia, North Carolina, and South Carolina — ruled that having a pending provisional waiver application does not legally protect you from being arrested, detained, or deported by ICE.

The case is Sanchez v. Mullin (consolidated with Lin v. Mullin). This ruling is important, but it is also widely misunderstood. Below, we explain in plain English what the court actually decided, what it did not decide, and — most importantly — what you and your family should do now.

First, a Quick Refresher: What Is the I-601A Provisional Waiver?

Many people who entered the United States without inspection cannot get their green card from inside the country, even when they are married to a U.S. citizen. They must leave the U.S. and attend an immigrant visa interview at a U.S. consulate abroad. The problem is that the moment they leave, the law punishes them for their past unlawful presence with a bar on returning — up to ten years.

The I-601A provisional waiver was created to solve this trap. It allows you to apply for forgiveness of the unlawful presence bar before you leave the United States, by showing that your U.S. citizen spouse (or parent) would suffer extreme hardship without you. If the waiver is approved in advance, your trip abroad for the visa interview is usually short — weeks instead of years. Since 2016, even people with old deportation (removal) orders can use this process, if they first obtain permission to reapply for admission using Form I-212.

What Happened in This Case?

The plaintiffs were seven married couples — each one a U.S. citizen married to a spouse who had a final order of removal and was pursuing the provisional waiver process. Between 2016 and 2018, the couples were scheduled for their I-130 marriage interviews at the USCIS office in Baltimore. Three of the immigrant spouses were arrested by ICE immediately after their interviews, right at the USCIS building. The others, hearing what had happened, were afraid to attend their own interviews.

The families sued, arguing that the government has no right to deport someone in the middle of the provisional waiver process — a process the government itself created to keep families together. A federal judge in Maryland agreed and ordered the government not to arrest or remove them until the process was complete. The government appealed.

What the Fourth Circuit Decided

The appeals court reversed the families’ victory. The court held that the provisional waiver regulations do not act as a shield against enforcement. The regulation itself says that a pending or approved provisional waiver is not lawful status and is not a “stay” of removal. In other words, while the government expects that most applicants will be allowed to finish the process, nothing in the law requires it to hold off. ICE keeps its legal authority to arrest, detain, and remove someone with a final order of removal — even someone doing everything right, step by step, in the waiver process.

The court also relied on its own 2024 decision in Lovo v. Miller, which held that USCIS is not even legally required to decide I-601A applications at all — the agency has full discretion. Because of that, the court found the families have no constitutionally protected right of access to the waiver process.

What the Court Did NOT Decide — This Part Matters

Here is the part most headlines miss. The families had a second argument: even if ICE can deport people during the waiver process, the government cannot use the process as a sword — luring immigrants to USCIS offices with the promise of family unity, and then arresting them precisely because they showed up. The Fourth Circuit did not reject this argument. It said the record was too thin to decide, because the case was rushed to judgment without any fact-gathering (discovery). The court sent the case back to the lower court so the families can develop evidence of whether ICE was deliberately targeting waiver applicants.

Notably, the government did not defend a right to use the waiver program as a trap. So this fight is not over — but for now, applicants cannot count on the courts for protection while it plays out.

What This Means for You: The Honest Risks

  • A pending I-601A is not a safety shield. Filing the waiver, or even having it approved, does not stop ICE from arresting or removing you if you have a final order of removal.
  • USCIS appointments carry real risk for some people. ICE has an admitted practice of making arrests at USCIS offices on a case-by-case basis. If you have a final removal order, an old deportation, or certain criminal history, attending an in-person interview requires careful planning — not avoidance, but planning.
  • This ruling covers Virginia and Maryland. The Fourth Circuit’s decision is binding law in our region, including for families we serve in Alexandria, Northern Virginia, and the D.C. metro area.
  • Most applicants are NOT in this situation. If you do not have a final order of removal, this decision does not change your provisional waiver case. The I-601A process remains a valuable — often the best — path to a green card for spouses of U.S. citizens.

What You Should Do Now

  • Know your own file before you walk into any interview. The single most important question is whether you have a final order of removal — including old orders issued “in absentia” that many people do not even know exist. An attorney can obtain your immigration court records and FOIA your file.
  • If you have an old removal order, address it head-on. Options may include a motion to reopen the old case, a request for a stay of removal, or the I-212 permission-to-reapply process — each with its own risks and timing. Which one is right depends entirely on your history.
  • Do not skip your interview without legal advice — and do not attend without it either. Abandoning your case has consequences; attending unprepared can too. The right answer is a case-by-case risk assessment with counsel before the appointment, and in appropriate cases, having your attorney present.
  • Do not leave the United States while your I-601A is pending. Departure abandons the application and can trigger the very bars you are trying to waive.
  • Keep pursuing your case. This decision makes preparation more important — not less. Families who plan carefully continue to complete the waiver process successfully every day.

Talk to Us Before Your Next Step

Every case is different, and the stakes of a wrong move are now higher for applicants with prior removal orders. The Anwari Law Firm has spent more than 18 years guiding families through waivers, removal orders, and consular processing — and we know how to evaluate the risk in your specific file before you set foot in a government office.

If you or a loved one is in the provisional waiver process — or is afraid to start it because of this ruling — contact us. Email is the best and fastest way to reach Attorney Deeba Anwari at danwari@businessandimmigrationlaw.com. New clients may schedule a free 15-minute telephonic consultation or a comprehensive paid consultation through our website at www.businessandimmigrationlaw.com.

The Anwari Law Firm, PC  •  5250 Cherokee Avenue, Suite 423, Alexandria, Virginia 22312  •  Main: (703) 348-8448

This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attor

Posted in: Immigration

posted on: August 18, 2026

«