A federal court has now struck down the 75-country immigrant visa ban that blocked green card processing for nationals of dozens of countries since January 2026. This page covers the full history of the immigrant visa freeze, how the courts ruled, and what affected applicants should do now.
What Was the 75-Country Immigrant Visa Ban?
On January 21, 2026, the U.S. Department of State implemented a freeze on immigrant visa issuance for nationals of 75 countries. The government claimed nationals of these countries presented an increased risk of becoming a public charge or relying on public benefits in the United States.
The affected countries included Brazil, Colombia, Bangladesh, Pakistan, Jamaica, Ghana, Ethiopia, Guatemala, Egypt, Morocco, Nepal, Thailand, Albania, Russia, Armenia, Kazakhstan, Nigeria, and many others. The full list covered nearly 40% of the world’s countries.
Under the policy, consular officers could continue interviewing and evaluating applicants. However, even if an officer determined that an applicant was otherwise eligible for an immigrant visa and was not likely to become a public charge, the officer was still instructed to refuse issuance under INA § 221(g) because of the applicant’s nationality.
The immigrant visa freeze left thousands of otherwise-eligible applicants in limbo for months while litigation worked through the courts.
Which Visa Categories Did the Immigrant Visa Ban Affect?
The freeze affected all immigrant visa categories requiring consular processing, including:
- IR and CR visas for immediate relatives and conditional residents
- Preference-based family petitions including F1, F2A, F2B, F3, and F4
- Employment-based green cards including EB-1, EB-2, and EB-3
- Diversity Visa lottery winners from affected countries
- Special immigrant visas requiring consular processing
U.S. consulates could still conduct interviews and review applications. However, they would not issue immigrant visas during the suspension period. This created delays for applicants who were otherwise eligible.
Did the Ban Affect Applicants Inside the United States?
No. The freeze applied to consular processing abroad, not to adjustment of status applications filed with USCIS inside the United States. Applicants already in the U.S. who were eligible to adjust status could continue filing Form I-485 and pursuing their green card without leaving the country.
However, applicants inside the United States needed to understand one critical risk. Departing the United States for a consular interview — or for any other reason — could trigger reentry bars, loss of status, or other consequences depending on individual immigration history. Anyone considering travel should review their situation with an experienced immigration attorney before leaving.
What Did the August 7 Court Ruling Say?
On August 7, 2026, a federal judge ruled that the 75-country immigrant visa freeze was unlawful. However, that ruling provided direct relief only to Newton De Moura Gomes and his family, who filed the lawsuit. The judge ordered the State Department to reconsider their applications without applying the unlawful blanket policy.
The ruling did not immediately reopen every immigrant visa case from the 75 affected countries. Other applicants remained subject to the freeze unless the State Department changed its policy or another court issued broader relief.
What Did the August 21 CLINIC v. Rubio Ruling Say?
On August 21, 2026, U.S. District Judge Jeannette A. Vargas of the Southern District of New York issued a much broader ruling in Catholic Legal Immigration Network, Inc. (CLINIC) v. Rubio, No. 1:26-cv-00858.
Judge Vargas vacated the State Department’s nationwide immigrant visa suspension for nationals of all 75 affected countries. The court concluded that the policy violated federal law and exceeded the Secretary of State’s statutory authority.
Specifically, the court found that the policy violated INA § 202(a)(1)(A), codified at 8 U.S.C. § 1152(a)(1)(A), which provides that a person generally may not be discriminated against in the issuance of an immigrant visa because of nationality, place of birth, or place of residence. The final order concluded that the policy also violated 8 U.S.C. § 1201(g) and 22 C.F.R. § 40.6.
Does the August 21 Ruling Apply to Every Affected Applicant?
The August 21 ruling vacated the 75-country ban nationwide. The State Department cannot continue refusing immigrant visas solely because an applicant is a national of one of the 75 covered countries under this particular policy.
Applicants must still qualify for the particular immigrant visa they seek. Normal grounds of inadmissibility, financial sponsorship requirements, criminal and immigration history, public charge review where applicable, documentary requirements, and visa number availability continue to apply.
The court also ordered that immigrant visa refusals based solely on the 75-country policy be set aside and returned for further proceedings consistent with the ruling. A refusal based on a separate ground of inadmissibility is not automatically erased by this decision.
Was My Immigrant Visa Refused Because of the 75-Country Ban?
This is the most important question for people who already attended their consular interviews. If your visa was refused under INA § 221(g) solely because of your nationality under the 75-country policy, the court’s ruling may require the State Department to reconsider your application.
However, there may be a practical delay before every U.S. embassy and consulate changes its procedures. Do not assume your case will automatically begin moving immediately. Contact an immigration attorney to evaluate your specific refusal and determine the best next steps.
Does the Ruling Affect the Separate Travel Ban Under Presidential Proclamation 10998?
No. The court did not invalidate every nationality-based immigration restriction currently in effect. Presidential Proclamation 10998 separately suspends visa issuance for nationals of 39 countries and certain Palestinian Authority travel document holders. Those restrictions remain separate from the 75-country public charge visa suspension.
Nationals of countries including Iran, Afghanistan, Syria, Somalia, Yemen, Haiti, and Sudan remain subject to separate restrictions under Presidential Proclamation 10998, subject to the exceptions available under that proclamation.
Countries that were included only in the 75-country policy — such as Brazil, Colombia, Bangladesh, Pakistan, Jamaica, Ghana, Ethiopia, Guatemala, Nepal, and Thailand — may benefit much more directly from the court’s decision. They are not subject to the same blanket immigrant visa restrictions under Presidential Proclamation 10998. Learn more about how the separate travel ban affects applicants.
Could the Government Appeal the Visa Freeze Ruling?
Yes. The government could appeal the federal district court’s ruling and could potentially seek a stay of the decision while an appeal proceeds. If a stay is granted, the ban could be reinstated temporarily while the appeal is decided.
Applicants should monitor developments closely and not delay in having their cases reviewed. An appeal could move quickly. Learn more about how courts have handled similar immigration enforcement challenges.
Until a final resolution, applicants affected by the immigrant visa freeze should not assume their cases will move automatically.
If Your Immigrant Visa Was Refused Under the 75-Country Ban, What Should You Do?
If your immigrant visa was refused under INA § 221(g), placed into administrative processing, or delayed because you are a national of one of the 75 affected countries, this is the time to have your case reviewed.
Steps to take now:
- Gather your visa refusal notice and any correspondence from the consulate
- Confirm whether the refusal cited your nationality under the 75-country policy or a separate ground of inadmissibility
- Review your priority date and visa availability in the current Visa Bulletin
- Confirm whether you may qualify for adjustment of status inside the United States instead of consular processing
- Determine whether any waiver applies to your case
- Contact an experienced immigration attorney immediately
Contact Shepelsky Law Group About Your Immigrant Visa Case
Shepelsky Law Group represents immigrants in family-based immigration, employment-based immigration, consular processing, visa refusals, waivers, adjustment of status, and other complex U.S. immigration matters.
Call Shepelsky Law Group at (718) 769-6352 or schedule a consultation at ShepelskyLaw.com to find out how this federal court decision may affect your immigration case.