Visa Lawyer Blog

Articles Posted in Court Orders

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The Trump administration’s 75-country immigrant visa pause may be over following a federal court ruling, but thousands of previously refused applications remain unresolved.

In an October 5, 2026 court filing, the State Department revealed that only 706 affected applications were adjudicated between August 21 and September 30. Of those, just 318 were approved for visa issuance or resulted in visas being issued.

These figures highlight the slow progress in addressing more than 43,000 applications previously refused solely under the pause.

With no firm deadline for reconsideration, federal litigation may be an important option for applicants seeking to move their cases forward.

Key Highlights

  • The 75-country immigrant visa pause was struck down on August 21, 2026.
  • More than 43,000 applications were previously refused solely under the policy.
  • Between August 21 and September 30, only 706 affected applications were adjudicated, with 318 approved for issuance or issued and 388 refused under other immigration provisions.
  • Applicants whose visas were previously refused are not guaranteed automatic reconsideration within a specific timeframe.
  • Federal lawsuits, including mandamus actions, may offer a way to challenge unreasonable delays and seek action on previously refused applications.

What Do the Latest Visa Processing Statistics Reveal?

The State Department’s October 5 court filing in CLINIC v. Rubio provides a clearer picture of how slowly visa processing has progressed since the pause was lifted.

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glopezr-wheel-2121197_1280A federal judge has ordered the U.S. Department of State to reopen registration for the Fiscal Year (FY) 2027 Diversity Visa (DV) Lottery, commonly known as the Green Card Lottery, following delays and suspension of the program.

On October 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction requiring the State Department to resume the DV-2027 program and establish a new registration timeline.

Key Dates and Deadlines

Under the court’s order, the State Department must:

  • October 29, 2026: Publicly announce the registration dates, official application website, and eligibility requirements.
  • November 1, 2026: Open DV-2027 lottery registration for a period of 30 days.
  • December 3, 2026: Notify individuals selected through the lottery.
  • September 30, 2027: Continue processing eligible DV-2027 immigrant visa applications until this date or until the annual visa allocation is exhausted, whichever occurs first.

Why Was the Lottery Suspended?

The State Department initially announced changes to the DV-2027 registration process in November 2025. The program was subsequently paused in December 2025, resulting in legal challenges seeking to restore lottery registration.

The federal court’s preliminary injunction requires the government to move forward with the program while litigation continues.

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artsybeekids-gavel-5660494-scaledA federal judge in California has blocked the Trump administration from enforcing policies that required certain employers to pay a $100,000 fee when filing new H-1B petitions.

On September 30, 2026, U.S. District Judge Haywood S. Gilliam Jr. granted a preliminary injunction in Global Nurse Force v. Trump, N.D. Cal., No. 4:25-cv-08454, preventing federal agencies from enforcing or implementing the policies used to carry out the $100,000 H-1B payment requirement.

What Was the $100,000 H-1B Fee?

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kreatikar-globe-3411506_1280-1On 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.

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ironhorse71-tourist-8183867_1280Recent developments in U.S. immigration law and immigration enforcement have changed the risks associated with both international and domestic travel for certain noncitizens.

This does not mean that all travel is unsafe or that every person with a pending immigration case should avoid traveling.

However, beginning August 13, 2026, your immigration history, current status, prior periods of unlawful presence, and pending applications may significantly affect whether travel is advisable.

For this reason, individuals with unresolved immigration-status issues should carefully review their circumstances before making any travel plans on or after August 13th.

Major Change to International Travel With Advance Parole

One of the most significant recent developments involves Advance Parole.

Advance Parole is a travel document that may allow certain noncitizens—including some applicants with a pending Form I-485 Application to Adjust Status—to temporarily leave the United States and regain admission using advance parole after temporary foreign travel.

For years, many applicants relied on the rule established in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which generally held that temporary international travel under Advance Parole was not considered a “departure” for purposes of the unlawful-presence bar addressed in that case.

That rule has now changed.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued its precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The BIA expressly overruled Arrabally and Yerrabelly and held that leaving the United States pursuant to Advance Parole can constitute a “departure” under INA § 212(a)(9)(B).

This is an important change because departure from the United States can trigger serious immigration consequences for individuals who previously accumulated unlawful presence.

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gdj-ai-generated-9069946_1280President Donald Trump signed two executive orders on August 6, 2026, renewing his administration’s effort to restrict certain forms of birthright citizenship following a major Supreme Court defeat earlier this summer.

The new executive orders, “Ending Birth Tourism” and “Continuing to Protect the Meaning and Value of American Citizenship,” take a narrower approach than the administration’s original 2025 birthright-citizenship order.

The action comes after the Supreme Court’s June 30 decision in Trump v. Barbara. The Court held that children born in the United States to parents who are unlawfully present or only temporarily present in the country are “subject to the jurisdiction” of the United States and therefore are U.S. citizens at birth under the Fourteenth Amendment.

Executive Order Targets “Birth Tourism”

The first new order, “Ending Birth Tourism,” focuses primarily on immigration enforcement rather than directly redefining citizenship.

The order defines “birth tourism” as a foreign national entering the United States on a nonimmigrant visa for the purpose of giving birth in the United States. It also covers individuals or organizations that facilitate such travel. The administration argues that some foreign nationals misuse temporary visa classifications to enter the country specifically so their children will obtain U.S. citizenship.

The order gives the government broad authority to take measures against suspected birth-tourism activity including denying visas or admission, revoking travel authorization, removing individuals who participated in birth tourism, and potentially permanently barring individuals from entering the United States. The government may also take action against businesses or individuals that facilitate birth-tourism arrangements. Humanitarian and national-interest exceptions are permitted.

For foreign nationals traveling while pregnant, the practical impact will depend heavily on the regulations and guidance issued by the State Department and DHS, including how officers determine whether a person’s primary purpose for traveling is to give birth.

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elisariva-hammer-3183166-scaledYesterday, a federal judge ruled that the Trump administration’s policy pausing immigrant visa approvals for nationals of 75 countries violates federal immigration law.

The State Department introduced the policy in January 2026, directing consular officers to refuse covered immigrant visa applications while the government developed additional screening procedures concerning whether applicants might become dependent on public benefits.

The freeze affected primarily family-based applicants, along with some employment- and investment-based applicants.

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Key Takeaways

  • The Supreme Court terminated Haiti and Syria’s TPS status on June 25th
  • Approximately, 350,000 individuals will lose their work authorization and be subject to removal
  • Affected individuals must seek alternative legal status immediately to avoid removal proceedings once the transition period ends.

On July 1, 2026, DHS and USCIS set a temporary expiration date of July 10, 2026 for work permits held by Temporary Protected Status beneficiaries from seven countries (Haiti, Syria, Burma, Yemen, Ethiopia, South Sudan, and Somalia), after a Supreme Court ruling cleared the way for the government to end those protections.

On June 25th the Supreme Court ruled that the Department of Homeland Security (DHS) can move forward with ending TPS for certain countries specifically Haiti and Syria even while other smaller legal battles about those terminations continue in lower courts.

Although the deadline for some countries could still be extended while lower court cases continue, DHS has described any continued relief as temporary.

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ralphs_fotos-banner-3585161-scaledOn June 30, 2026, the U.S. Supreme Court rejected President Trump’s attempt to restrict birthright citizenship, ruling that children born in the United States to parents who are unlawfully or temporarily present in the country are citizens at birth under the Fourteenth Amendment.

The 6-3 decision, authored by Chief Justice John Roberts, marks a major ruling on the meaning of American citizenship and the limits of executive power in immigration policy.

The case, Trump v. Barbara, centered on Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.”

The order sought to deny automatic U.S. citizenship to certain children born in the United States if neither parent was a U.S. citizen or lawful permanent resident. Specifically, it targeted children born to mothers who were either unlawfully present or lawfully present on a temporary basis, such as on a student, work, or tourist visa, when the father was not a U.S. citizen or green card holder.

The Supreme Court held that the executive order violated the Citizenship Clause of the Fourteenth Amendment. That clause provides that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the state where they reside. The Court concluded that children born in the United States to parents who are unlawfully or temporarily present are still “subject to the jurisdiction” of the United States and therefore are citizens at birth.

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markthomas-us-supreme-court-building-2225765-scaledFamilies across the United States are anxiously waiting for the Supreme Court to decide the future of President Trump’s birthright citizenship executive order.

The order seeks to deny automatic U.S. citizenship to certain children born in the United States if their parents do not have permanent legal status.

For many immigrant families, the case is not just about politics or legal theory. It is about whether their children will be recognized as Americans from the moment they are born.

The Supreme Court is expected to issue its ruling by the end of June or early July, as the Court finishes its current term.

Until then, the executive order remains blocked by court orders, meaning children affected by the policy are still protected for now. But the uncertainty has left many families fearful about what could happen next.

At the heart of the case is the Fourteenth Amendment, which has long been understood to guarantee citizenship to most children born on U.S. soil. Trump’s order challenges that understanding by targeting children born to undocumented parents or parents in the U.S. on temporary visas, such as student, work, or tourist visas.

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