BREAKING: Federal Judge Strikes Down 75-Country Immigrant Visa Ban

On August 21, 2026, a federal judge struck down the Trump administration policy that blocked immigrant visa issuance for nationals of 75 countries, allowing the green card process to resume for thousands of family- and employment-based green card applicants.

The policy, which took effect in January 2026, directed U.S. consulates to pause immigrant visa issuance for nationals of 75 countries identified by the State Department as presenting a higher risk of relying on public benefits.

These countries included:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the 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, and Yemen.

Although applicants could continue submitting documents and attending interviews, many could not actually receive their immigrant visas solely because of their nationality.

On August 21, 2026, U.S. District Judge Jeannette Vargas ruled that the policy violated federal immigration law and exceeded the State Department’s authority.

Why Did the Court Strike Down the Policy?

Federal immigration law generally prohibits discrimination in immigrant visa issuance based on nationality.

The court found that the State Department’s policy conflicted with that rule because it required consular officers to refuse visas to applicants from the designated countries even when they otherwise qualified.

The court also rejected the government’s attempt to use concerns about “public charge” as the basis for a nationality-wide restriction.

Public charge remains a valid ground of inadmissibility, but it must generally be evaluated based on the individual applicant’s circumstances—not simply the country listed on the applicant’s passport.

What Does this Decision Mean for Applicants?

The court vacated the 75-country policy, meaning the government can no longer rely on that policy alone to prevent immigrant visa issuance.

This could be particularly important for applicants who:

completed their immigrant visa interview but could not receive a visa because of the 75-country restriction;
received a refusal under INA § 221(g) because of the policy; or
have been waiting for their consular case or adjustment of status application to move forward since the pause began.

Affected applicants may now be able to have their cases proceed as normal.

Does This Guarantee Visa Approval?

No. The ruling removes the blanket nationality-based restriction, but applicants must still qualify for an immigrant visa.

An immigration officer may still refuse a visa based on other grounds of inadmissibility, including certain criminal issues, fraud or misrepresentation, unlawful presence, security concerns, or an individualized public charge determination.

The ruling simply means the 75-country policy can no longer be used by itself to block an otherwise eligible immigrant visa applicant.

What About the Separate Travel Ban?

This ruling only strikes down the 75-country immigrant visa pause based on public-charge concerns.

It does not affect Presidential Proclamation 10998, a separate policy that restricts visa issuance and entry for nationals of 39 countries for national-security and vetting reasons.

Therefore, applicants from countries covered by both policies may still be unable to receive an immigrant visa even though the 75-country pause has been struck down.

Applicants should therefore determine whether any other entry restriction applies to their nationality before assuming their case can immediately move forward.

The Bottom Line

The August 21 ruling removes the 75-country immigrant visa pause and may allow many previously blocked cases to move forward. However, the government may appeal the decision, and the State Department still needs to provide guidance on how embassies and consulates should handle affected cases.

If your immigrant visa was refused or placed on hold because of this policy, review your case and watch for new instructions from the consulate handling your application.

This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific, and individuals should consult a qualified immigration attorney regarding their particular circumstances before applying for an immigration benefit.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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