75 “indefinite” Pause on Visa Explained

The U.S. Department of State has announced an “indefinite” pause on visa processing for nationals of approximately 75 countries, effective January 21. Many news headlines call it “visa ban” or “ban” but in reality it is not. We will break it down for you what it means in practical terms.

What Does This Mean in Practical Terms?

During this pause, U.S. embassies and consulates will pause issuance of “immigrant” visas for applicants from the affected countries. The key words here are “issuance” and “immigrant visa”, because the acceptance of the cases and processing of the cases will not and cannot be stopped. The word “immigrant visa” also refers to only the visas for permanent residency in the United States i.e., green cards. The regular visas such as B-2, F-1, O-1, etc., are known as non-immigrant visas and those visas are not affected by this new proclamation on January 14th about the 75 countries.

The other part of the news that may confuse you is the word “refuse visas”as in “Consular officers have been instructed to refuse visas under existing law while the State Department reassesses its vetting and screening procedures.” Refusal of a visa is not the same as a denial. “Refusal” means that the consulate cannot yet approve it, which has been known as “Administrative Processing.” So the new proclamation about the 75 countries simply instructs the consulates to place “green card” visa approvals in administrative processing thereby delaying the issuance. This delay is not and cannot be “indefinite”. We estimate that this pause will be lifted within 6 months or so, either by the administration itself or by the Federal courts.

If you have a pending immigrant visa petition or your case is in NVC processing, there is a good chance that this pause will not affect your case at all. It may end up affecting though by generally delaying the processing of all cases. 

What is the reason?

Officially, the Trump administration states that the immigrant visas are paused because the government wants some time to review the public charge rules. Public charge is a rule that looks at whether the immigrant is likely to depend on government assistance in the future. We believe that the second reason behind these loud news of a “ban” is to break the stereotype that the doors to the United States are open and that everyone is welcome. This is why Trump administration is loudly announcing these misleading news about “indefinite ban”, which are not really bans at all, but temporary pauses.

Which Countries Are Affected?

Afghanistan

Albania

Algeria

Antigua and Barbuda

Armenia

Azerbaijan

Bahamas

Bangladesh

Barbados

Belarus

Belize

Bhutan

Bosnia and Herzegovina

Brazil

Cambodia

Cameroon

Cape Verde

Colombia

Cuba

Democratic Republic of Congo

Dominica

Egypt

Eritrea

Ethiopia

Fiji

Gambia

Georgia

Ghana

Grenada

Guatemala

Guinea

Haiti

Iran

Iraq

Ivory Coast

Jamaica

Jordan

Kazakhstan

Kosovo

Kuwait

Kyrgyzstan

Laos

Lebanon

Liberia

Libya

Moldova

Mongolia

Montenegro

Morocco

Myanmar

Nepal

Nicaragua

Nigeria

North Macedonia

Pakistan

Republic of Congo

Russia

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Senegal

Sierra Leone

Somalia

South Sudan

Sudan

Syria

Tanzania

Thailand

Togo

Tunisia

Uganda

Uruguay

Uzbekistan

Yemen 

What Factors Are Being Reviewed under “Public Charge Rule”?

Under updated guidance sent to U.S. consulates worldwide, officers may consider a wide range of factors, including:

•          Age

•          Health conditions

•          Financial resources

•          Employment history

•          English language ability

•          Past use of government cash assistance

•          Possible future need for long-term medical care

These factors are reviewed together, not individually, but they may significantly affect visa outcomes.

What Should You Do If You Are Affected?

If you or a family member is from one of the affected countries:

•          Expect delays at U.S. consulates

•          Do not make travel plans until your administrative processing is over and your issued the immigrant visa.

•          Seek legal advice before submitting an immigrant visa petition or application

•          Prepare strong financial and supporting documentation. 

We Are Monitoring the Situation

Our office is closely following developments and guidance from the State Department. Policies like this can change quickly, and individual circumstances matter.

If you are concerned about how this visa pause may affect you or your family, contact our office for a consultation. We can review your situation, explain your options, and help you plan your next steps.