Yes, it is possible to be taken into custody at a USCIS interview if your I-485 (Application to Register Permanent Residence or Adjust Status) is denied, but this typically occurs under specific circumstances.
Reasons You Might Be Taken Into Custody:
Immigration Violations:
If your I-485 is denied and USCIS determines that you are in the United States without lawful status or in violation of immigration laws, they may issue a Notice to Appear (NTA) in immigration court, which could lead to deportation proceedings.
Criminal Record:
If your background check reveals a criminal history that makes you deportable, you could be taken into custody immediately after your I-485 is denied.
Fraud or Misrepresentation:
If USCIS believes that you have committed fraud or misrepresentation in your application, this could result in denial and possible detention.
What Happens If Your I-485 Is Denied?
Notice to Appear (NTA):
USCIS may issue an NTA, placing you in removal proceedings. This usually does not result in immediate detention, but you would be required to appear in immigration court.
Appeal or Motion to Reopen:
If your I-485 is denied, you typically have the option to file an appeal or a motion to reopen or reconsider the decision.
Voluntary Departure:
In some cases, you might be offered the option of voluntary departure, which allows you to leave the U.S. without a formal removal order.
Detention:
Detention at the USCIS interview is not common for most I-485 denials unless the case involves serious immigration violations or criminal activities. However, it is a possibility, and individuals in this situation should consider consulting with an immigration attorney to understand their rights and options.
Precautions:
If you are concerned about the possibility of being taken into custody at your USCIS interview, it is advisable to seek legal advice beforehand. An immigration attorney can help assess your case, prepare you for the interview, and advise you on the potential outcomes.