Court Strikes Down Pause on Immigrant Visas for 75 Countries (CLINIC v. Rubio)

Starting January 21, 2026, the State Department stopped issuing immigrant visas (green cards processed at US consulates abroad) to nationals of 75 countries, citing concerns that applicants could rely on public benefits. The countries included, among others, Afghanistan, Bangladesh, Brazil, Colombia, Cuba, Egypt, Ghana, Guatemala, Haiti, Iran, Jamaica, Nigeria, Pakistan, Russia and Thailand. The pause did not cover tourist, student, or work visas.

The Catholic Legal Immigration Network (CLINIC) and others sued. On August 21, 2026, Judge Jeannette A. Vargas ruled that the policy exceeded the Secretary of State's authority under the Immigration and Nationality Act (INA). The court reasoned that the law requires officers to decide each immigrant visa case on its own facts, including whether that person is likely to become a public charge, and bars nationality-based discrimination in issuing immigrant visas. The court vacated the policy, meaning it was set aside as a whole rather than blocked only for the plaintiffs.

The government filed a notice of appeal to the US Court of Appeals for the Second Circuit. The ruling stays in effect unless a court grants a stay. Reports indicate some embassies began reviewing cases that had been refused only because of the pause.

• Immigrant visa applicants from the 75 countries, including family-based and employment-based cases processed abroad. The pause can no longer be the reason for a refusal.
• Applicants refused only because of the pause. Their refusals were set aside, and some consulates began re-processing them.

Two other restrictions remain separate:

• The travel ban under Proclamation 10998 (in force since January 1, 2026, covering 39 countries) runs on its own legal track and was not affected. See travel ban status.
• On August 25, 2026 the State Department paused immigrant visa interviews worldwide for public charge training. See our news on the interview pause. Groups representing the plaintiffs then filed an emergency motion asking the court to enforce its ruling.

1. If your case was refused under the pause, watch for messages from your embassy or consulate and the National Visa Center, and keep your documents current.
2. If your country is also on the travel ban list, the ruling may not help you; check travel ban status.
3. Prepare for a stricter public charge review. See public charge and the 2026 public charge rule.
4. Because the case is on appeal, the situation can change quickly. Talk to a licensed US immigration lawyer about your specific case.

Follow our immigrant visa pause status page for updates.