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Key Takeaways
- The State Department’s January 2026 immigrant visa issuance pause ended on August 21, 2026. Families may still face restrictions under Presidential Proclamation 10998, public-charge rules, administrative review, or other immigration provisions.
- Spouses, children, and parents of U.S. citizens from the listed countries could be prevented from receiving immigrant visas while the policy was active, even when an I-130 petition had already been approved.
- The State Department pause didn’t stop USCIS from reviewing Form I-130 petitions. Approved petitions could continue to the National Visa Center and consular stages, although visa issuance could still be blocked.
- The proclamation fully or partially restricts visa issuance and entry for nationals of several countries.
- Dual nationals using a passport from a non-restricted country, certain adoption cases, lawful permanent residents, and other qualifying applicants may fall within exceptions.
- More than 43,000 immigrant visa applications were reportedly denied solely under the former 75-country policy.
Your spouse is waiting in Brazil. Your parents are in Jamaica. Your child is living in Colombia, and you’ve already filed the paperwork to bring them to the United States. Then you learn that the State Department has paused immigrant visa issuance for nationals of dozens of countries. Is your family now restricted?
This urgent question affected many U.S. citizens in Seattle in early 2026. Beginning January 21, the State Department paused immigrant visa issuance for nationals of 75 countries while it reviewed public charge screening policies. The restriction affected family-based immigrant visa applicants, including spouses, children, and parents of U.S. citizens.
That policy has since changed. But other restrictions, public charge rules, administrative review, and separate presidential proclamations may still affect your relative’s application. If your family’s case was delayed or denied under the former policy, ZafiroLaw can help you determine where it stands and what immigration rules apply.
What Was the 2026 Immigrant Visa Processing Pause?
On January 21, 2026, the State Department paused immigrant visa issuance for nationals of 75 countries. The list included Brazil, Colombia, Haiti, Jamaica, Russia, Nigeria, Pakistan, Thailand, and many other countries across Latin America, the Caribbean, Africa, Europe, Asia, and the Middle East. The Department said it was reviewing screening and vetting policies related to immigrants it considered at higher risk of using public benefits or becoming a public charge.
The word “pause” can be misleading. The State Department didn’t stop affected applicants from pursuing their visa cases. Applicants could still submit immigrant visa applications and attend scheduled interviews, but the Department wouldn’t issue the immigrant visa while the policy remained in effect.
Why Did the State Department Impose the Pause?
The State Department tied the pause to the public-charge provisions of U.S. immigration law. Under INA § 212(a)(4), an immigrant visa applicant can be found inadmissible if the government determines that the applicant is likely to become a public charge.
The January policy applied across entire nationalities while the Department reviewed its screening rules. That was different from the usual public charge inquiry, which examines an individual applicant’s eligibility. The State Department has continued to use public charge rules after the 75-country pause ended, including a 2026 pilot procedure that may allow certain applicants denied under INA § 212(a)(4) to seek a bond.
Is the 75-Country Immigrant Visa Pause Still in Effect?
No. The State Department confirms that the January 2026 immigrant visa issuance pause for nationals of 75 countries ended on August 21, 2026. A federal court vacated the policy in Catholic Legal Immigration Network, Inc. v. Rubio, and the State Department has confirmed that the January pause is no longer in effect.
That change is important if your spouse, parent, or child was affected earlier in the year. It doesn’t mean every delayed or refused case will now result in visa issuance. The court vacated refusals based solely on the 75-country policy and sent those cases back for further proceedings consistent with its ruling. Other immigration rules can still affect the application.
Does the End of the 75-Country Pause Mean Your Family Is No Longer Restricted?
Not necessarily. The August 21, 2026 court ruling ended the 75-country immigrant visa pause, but it didn’t remove every nationality-based restriction affecting family immigration cases.
A separate policy, Presidential Proclamation 10998, took effect on January 1, 2026. It fully or partially suspended visa issuance and entry for nationals of 39 countries, as well as people applying with travel documents issued or endorsed by the Palestinian Authority. That means your relative may no longer be restricted by the former 75-country public-charge pause but could still face a different bar under Presidential Proclamation 10998.
Which Countries Are Subject to Full Visa Suspension?
Under Presidential Proclamation 10998, the State Department fully suspended immigrant and nonimmigrant visa issuance for nationals of 19 countries:
- Afghanistan
- Burma
- Burkina Faso
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos
- Libya
- Mali
- Niger
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Yemen
The full suspension also applies to people traveling on documents issued or endorsed by the Palestinian Authority. Limited exceptions remain available for certain applicants.
Which Countries Are Subject to Partial Visa Suspension?
The proclamation also partially suspended visa issuance for nationals of 19 countries:
- Angola
- Antigua and Barbuda
- Benin
- Burundi
- Côte d’Ivoire
- Cuba
- Dominica
- Gabon
- The Gambia
- Malawi
- Mauritania
- Nigeria
- Senegal
- Tanzania
- Togo
- Tonga
- Venezuela
- Zambia
- Zimbabwe
For these countries, the suspension includes all immigrant visas, along with B-1/B-2 visitor visas and F, M, and J student or exchange visitor visas. Turkmenistan is separately subject to a suspension of immigrant visa issuance.
Are Spouses, Parents, and Children of U.S. Citizens Exempt?
Not automatically. Presidential Proclamation 10998 removed the categorical exception that previously applied to certain immediate relatives under Presidential Proclamation 10949. As a result, these visa categories no longer have a blanket family-based exception:
- IR-1/CR-1: Spouses of U.S. citizens
- IR-2/CR-2: Qualifying children of U.S. citizens
- IR-5: Parents of U.S. citizens
If your relative is subject to Presidential Proclamation 10998, being the spouse, parent, or child of a U.S. citizen doesn’t by itself remove the restriction.
Are There Any Exceptions?
Yes. The proclamation includes limited exceptions for applicants such as:
- Lawful permanent residents
- Dual nationals applying with a passport from a nationality that isn’t subject to the suspension
- Certain diplomatic and official visa applicants
- Certain Special Immigrant Visa applicants who worked for the U.S. government
- Certain participants in major sporting events
- Certain Iranian ethnic and religious minorities facing persecution
The Secretary of State or Secretary of Homeland Security may also determine on a case-by-case basis that an individual’s travel serves the U.S. national interest.
Applicants subject to Presidential Proclamation 10998 may still submit visa applications and attend scheduled interviews. However, they may remain ineligible for visa issuance or admission unless an exception applies.
What Happened to Pending I-130 Petitions?
The January 2026 visa pause didn’t stop USCIS from reviewing Form I-130 petitions. That’s because USCIS and the State Department handle different parts of a family immigration case.
USCIS decides the I-130 petition. If the relative is applying for an immigrant visa from outside the United States, an approved petition generally moves to the National Visa Center before the case reaches a U.S. embassy or consulate for visa adjudication. An approved I-130 confirms the qualifying family relationship, but it doesn’t itself issue a visa or grant permanent resident status.
If Your I-130 Was Still Pending
If USCIS hadn’t yet approved the petition when the January pause took effect, the petition could still move through USCIS review. The State Department restriction applied later, at the immigrant visa stage. That meant there was usually no reason to assume the I-130 had become useless simply because the beneficiary was from one of the 75 listed countries. The petition and the visa application remained separate parts of the case.
If USCIS Had Already Approved the I-130
Once USCIS approved the petition, the case could continue to the National Visa Center and then to the appropriate U.S. embassy or consulate.
During the pause, affected applicants could still submit immigrant visa applications and attend scheduled interviews. The restriction generally prevented the State Department from issuing the immigrant visa while the policy remained active. For families, that created an unusual situation: A spouse, parent, or child could complete much of the required work and still reach the end of the consular case without receiving a visa.
What Should You Check Now?
Because the 75-country pause ended on August 21, 2026, families with older cases should confirm where the file currently sits and what action, if any, is pending.
Check whether the case is:
- Still with USCIS
- At the National Visa Center
- Waiting for an interview
- In administrative review
- Previously refused under the January policy
- Delayed under another current visa restriction
Knowing which agency has the case can help determine what needs to happen next.
What Exceptions Applied to the 75-Country Visa Pause?
The January 2026 policy wasn’t absolute. The State Department identified limited exceptions for certain applicants based on nationality, passport, and visa category.
Dual Nationals
One of the clearest exceptions applied to dual nationals. If you held citizenship in one of the 75 listed countries and another country that wasn’t on the list, you could fall outside the pause if you applied using a valid passport from the non-listed country. That didn’t mean dual citizenship automatically solved every visa issue: the applicant still had to satisfy the normal immigrant visa requirements, and another federal restriction could still apply.
Certain Adoption Cases
Overseas adoptions involving children being adopted by U.S. citizens could be considered for a National Interest Exception while the pause remained active. Families were still expected to continue the visa application, submit required documents, and attend scheduled interviews.
Immigrant Visas Issued Before the Pause
The January policy didn’t revoke immigrant visas that had already been issued before the pause took effect. If your relative already had a valid immigrant visa, the January restriction didn’t by itself cancel it. Other entry restrictions or admissibility rules could still apply, so families still needed to check the rules in effect at the time of travel.
Nonimmigrant Visas
The 75-country policy applied to immigrant visa issuance. It didn’t create a blanket suspension of tourist, student, employment, or other nonimmigrant visas for all 75 nationalities. However, some nationals could still face separate restrictions under other federal policies. That distinction became especially important after the 75-country pause ended because other visa restrictions remained in place for certain countries.
What Happened to Cases Refused Under the Pause?
The court ruled that the State Department’s blanket suspension exceeded its authority and violated federal immigration law. It vacated immigrant visa refusals that were based solely on the 75-country policy and remanded those agency actions for further review.
According to a September 2026 case update from the organizations challenging the policy, the federal government reported that more than 43,000 immigrant visa applications had been denied solely under the policy and were subject to the court’s vacatur and remand order.
The same case update states that the government reported extending worldwide immigrant visa appointment cancellations through September while conducting public-charge training. It also reported that there was no fixed timeline at that point for completing reconsideration of all affected applications.
Has the Government Appealed the Ruling?
Yes. The federal government filed a notice of appeal in September 2026. The appeal means further litigation may affect how the district court ruling is applied, so families with pending cases should continue checking current State Department guidance and the status of their individual applications.
Questions? Contact ZafiroLaw for Guidance
Immigration rules can change while your petition or visa application is pending. At ZafiroLaw, we can explain the current status of your case, the legal options available, and the limits that may affect the outcome. For more information or to schedule a no-obligation consultation, please call (206) 309-9645 now.
