Articles Posted in Immigration News

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Despite a federal court ruling striking down the Trump administration’s 75-country immigrant visa pause, visa applications have moved very slowly.

Court records show that between August 21 and September 30th only 318 immigrant visa applications were approved or resulted in visa issuance, out of more than 43,000 applications affected by the pause.

Adding to the uncertainty, just last week the U.S. Court of Appeals for the Second Circuit temporarily blocked an order requiring the State Department to reconsider previously refused applications. As a result, filing a federal lawsuit may be the most effective path toward resolving these cases.

Key Highlights

  • The 75-country immigrant visa pause no longer applies as of August 21, 2026, following a federal court order.
  • New immigrant visa applications are not subject to the pause.
  • Applications previously refused under the pause are not automatically reopened or reconsidered.
  • Mandamus or group lawsuits may be an option for applicants whose visas were previously refused under the pause, depending on the circumstances of their cases.
  • Between August 21 and September 30th, the State Department reviewed just 706 immigrant visa applications, approving or issuing 318 visas and refusing 388 applications on other grounds. This represents fewer than 2% of the more than 43,000 applications affected by the pause.

What Was the 75-Country Immigrant Visa Pause?

On January 14, 2026, the Trump administration announced a suspension of immigrant visa issuance for nationals of 75 countries, that became effective on January 21, 2026.

The State Department justified the pause by citing concerns that immigrants from certain countries were more likely to rely on U.S. public benefits and become a “public charge.”

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With sweeping visa restrictions affecting nationals of 75 and 39 countries, securing a U.S. visa has become increasingly challenging. But even under the toughest immigration restrictions, exceptions are possible.

Here’s how we overcame a visa refusal under the travel ban and successfully secured a National Interest Exception (NIE) for our clients.

Status of the Travel Bans

The U.S. Department of State implemented two significant immigration restrictions affecting nationals of dozens of countries. Although both measures created substantial barriers to visa issuance, their legal status has since changed.

As of October 18, 2026, the 39-country travel ban remains in effect, while the 75-country immigrant visa suspension was lifted following a federal court ruling on August 21, 2026.

Immigration Restriction

 Current Status
39-Country Travel Ban Still in effect
75-Country Immigrant Visa Suspension

Lifted August 21, 2026

Which Countries Are Subject to the 39-Country Travel Ban?

Under Presidential Proclamation 10998, effective January 1, 2026, nationals of 39 countries face full or partial restrictions on U.S. visa issuance and entry into the United States.

  • Full Restriction (19 countries): Afghanistan, Burma (Myanmar), Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Restrictions also apply to individuals traveling on documents issued or endorsed by the Palestinian Authority.
  • Partial Restriction (20 countries): Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe.

Who Is Affected?

The travel ban generally applies to nationals of designated countries who were outside the United States and did not hold a valid U.S. visa on January 1, 2026.

Individuals who already held a valid U.S. visa on that date are generally exempt from the proclamation and may continue traveling to the United States, provided their visa remains valid and they meet all other entry requirements. The proclamation does not automatically revoke previously issued visas, and lawful permanent residents (green card holders) are exempt.

For those subject to the ban, visa issuance and entry may be restricted even if they otherwise qualify for a U.S. visa. However, certain exceptions remain available, including a National Interest Exception (NIE) for applicants whose entry would serve the national interest of the United States.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the October 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of October, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will begin using the Dates for Filing Chart .

Highlights of the October 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance 3.6 months to February 1, 2023
  • EB-1 Except China, all other countries remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India moves from unavailable to November 1, 2013
  • EB-2 China will advance 1 month to October 1, 2021
  • Worldwide, Mexico, Philippines moves from current to a cutoff date of January 1, 2025

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 1 week to January 8, 2022
  • EB-3 Philippines will advance 2 weeks to August 15, 2023
  • Worldwide and Mexico will retrogress 3.6 months from September 1, 2024, to May 15, 2024

EB-3 Other Workers

  • EB-3 China will advance 5 months to October 1, 2019
  • EB-3 Philippines will advance 1 month to January 1, 2022
  • Worldwide and Mexico will retrogress 3 months from April 1, 2022, to January 1, 2022

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For most green card holders, returning to the United States after a vacation feels like a routine part of travel. But in 2026, that return can sometimes come with unexpected problems.

In recent months, some green card holders have been taken to secondary inspections, questioned, and even detained at U.S. airports.

In these cases, the issue is not the vacation itself, but something in the traveler’s immigration history, criminal record, or time spent outside the country that gets flagged by Customs and Border Protection.

In this article, we’ll break down the top 3 reasons green card holders can run into trouble when returning to the U.S., along with 5 airports where travelers should be especially prepared for closer inspection.

The “Arriving Alien” Trap for Green Card Holders

One of the biggest risks for a green card holder returning from abroad is being treated as an “arriving alien” by immigration officers.

Normally, a lawful permanent resident returning from a trip is not considered to be seeking admission to the United States. But under certain circumstances, CBP can do just that.

Once CBP treats a green card holder as an arriving alien, they can be required to prove they are still eligible to enter the United States under rules for people seeking admission.

This matters because it can expose travelers to detention and removal proceedings and can make defending the case more complicated.

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USCIS recently introduced an important change affecting green card applicants who rely on a sponsor to meet the financial requirements for the I-864 Affidavit of Support.

Form I-864, Affidavit of Support, is a legally binding form used to show that a green card applicant has sufficient financial support and is unlikely to become a public charge. The sponsor of the I-864 is generally the U.S. citizen or lawful permanent resident who filed the immigrant petition. If the petitioner does not meet the income requirement for their household size, a joint sponsor may be needed.

Under new USCIS policies, sponsors and joint sponsors are now required to provide additional financial information, including their credit score and credit report.

USCIS has also released a new edition of Form I-864 reflecting these changes, which will be required beginning October 1.

Why does this matter?

A sponsor or joint sponsor with poor credit, high debt, late payments, collections, or bankruptcy could face greater scrutiny because USCIS may question whether they are financially capable of supporting the intending immigrant. This could result in requests for additional evidence, processing delays, or a determination that the sponsor or joint sponsor does not qualify.

If a sponsor has a credit or security freeze in place, USCIS may be unable to access the information needed to evaluate Form I-864.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the September 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of September, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the September 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of September?

Employment-Based Categories

Final Action Advancements

  • No changes except for EB-4 which will advance 2 months to December 15, 2022
  • EB-2 India and EB-5 India remain unavailable
  • The State Department warns that the EB-2, EB-1 India, and EB-5 unreserved categories may become unavailable before the end of September, with availability resuming when the new fiscal year starts in October.

Dates for Filing Advancements

  • No changes from August Visa Bulletin

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The days of mailing immigration applications to USCIS may soon be coming to an end.

A new rule effective August 11th gives USCIS the power to require certain immigration forms to be filed electronically instead of on paper.

This is changing how immigration cases are filed and how applicants move through the process. As USCIS shifts more forms online, we can expect confusion, filing mistakes, and cases being rejected for failing to follow the new electronic filing requirements.

In this blog, we will explain why USCIS is making this change, when the new rule will begin affecting applicants, and what you can do now to prepare for mandatory online filing.

What Is the New Rule About?

USCIS will be able to require certain immigration forms, supporting documents, and filing fees to be submitted electronically instead of by mail. This is similar to the way in with the U.S. Department of State has required online filing of visa applications where applicants are required to submit electronic forms to DOS through its online system, Consular Electronic Application Center.

Once USCIS makes online filing mandatory for a particular form, applicants will generally have to complete the entire filing through a USCIS online account unless they qualify for a limited exception or waiver.

USCIS must provide at least 60 days’ notice before requiring a specific form to be filed electronically.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the August 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of August, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the August 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of August?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 China will advance 1 month to July 1, 2023
  • Except for India, all other countries will remain current

EB-1 India Visa Bulletin Note: High demand and number use by those chargeable to India in the EB-1 visa category may require making the category unavailable in the coming weeks

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India remains unavailable
  • Except for China, all other countries will remain current

EB-2 Visa Bulletin Note: Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 10 days to January 1, 2022
  • Worldwide and Mexico will advance 1 month to September 1, 2024

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Is your case stuck at the National Visa Center with no interview in sight? You are not alone. Thousands of applicants are waiting months—or even years—for their visa interviews to be scheduled. The good news is that you may have options. In this video, we discuss three proven strategies that could help push your NVC case forward.

Why are so many cases stuck at the National Visa Center for months—or even years?

The problem is a perfect storm of overwhelming case volume, limited availability of interview appointments, staffing shortages, and delays at U.S. consulates worldwide.

Even after a case is documentarily complete and ready to move forward, it can remain at the NVC for months—or longer—until the appropriate embassy has an available interview slot.

Sweeping visa restrictions have made the backlogs even worse. The Trump administration has fully or partially restricted entry and visa issuance for nationals of 39 countries, while immigrant visa issuance has been separately paused for nationals of 75 countries.

Although U.S. embassies may remain open and continue scheduling some interviews, affected visas generally cannot be issued while these restrictions remain in place.

The result is thousands of applicants left in limbo, with no clear timeline and little information about when their cases will finally move forward.

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U.S. Citizenship and Immigration Services recently announced that it will lift holds on the adjudication of green cards and other immigration-benefit requests for a select group of individuals.

As part of these exemptions, USCIS has lifted holds on some family petitions filed by U.S. citizens, intercountry adoptions, rescheduled naturalization oath ceremonies, asylum applications from lower-risk countries, work authorization requests, special immigrant visas, refugee registrations for South African nationals, applications associated with medical physicians, and cases that completed enhanced security vetting through Operation PARRIS.

This means that nationals who were previously subject to the “75-country pause” are no longer affected by the suspension and may resume normal processing of their immigration applications if they fall within one of the above categories.

Unfortunately, if you do not fall within one of the exempted categories, the adjudication of your green card and immigrant visa application will remain on hold.

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