Visa Lawyer Blog

Articles Posted in Immigrant Visas

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On November 1, 2026, a new federal lawsuit, Ivannikov v. Rubio (Case No. 2:26-cv-12783), was filed in the U.S. District Court for the Central District of California, challenging the Trump administration’s failure to open registration for the Diversity Visa (DV) Lottery Program.

The lawsuit was filed by Ivan Ivannikov, a Russian national residing in Los Angeles, against Secretary of State Marco Rubio. It seeks to compel the U.S. Department of State to open registration for both the DV-2027 and DV-2028 lottery programs.

The complaint alleges that the government’s failure to administer the program constitutes unlawful agency delay and violates the Administrative Procedure Act. It asks the court to require registration periods of at least 30 days for both programs and to process applications from individuals subsequently selected.

Background: Previous Court Ruling Temporarily Blocked

The new lawsuit follows an October 14, 2026, preliminary injunction ordering the State Department to reopen DV-2027 registration by November 1, 2026.

However, on October 29, 2026, the Ninth Circuit Court of Appeals temporarily blocked that order while the government’s appeal proceeds, citing legal deficiencies concerning the plaintiff’s ability to bring the earlier lawsuit.

Unlike the previous lawsuit, which was filed by an immigration law firm, the new case is brought by an individual who claims he is personally eligible to participate in the lottery.

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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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lenahelfinger-november-5650851-scaledThe U.S. Department of State has released the November 2026 Visa Bulletin, announcing several significant changes to employment-based and family-sponsored immigrant visa categories.

This month’s bulletin features one-year advancements in several family-sponsored categories for Worldwide, China, and India, alongside more modest employment-based gains. No retrogressions are reported.

Which Chart Will USCIS Use in November 2026?

For November 2026, USCIS will use the Dates for Filing chart for both:

  • Family-sponsored preference categories
  • Employment-based preference categories

Eligible applicants may use these charts to determine whether they can file Form I-485, Application to Register Permanent Residence or Adjust Status.

The Final Action Dates chart continues to determine when immigrant visas are available for final approval.

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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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elena-mozhvilo-etzzhJqFCaU-unsplash-scaledWe 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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openclipart-vectors-poland-151461_1280-1In this blog post we bring you some important developments impacting visa applicants in September.

First, the U.S. government has resumed immigrant visa processing for applicants in Hungary and Poland, while processing restrictions remain in place in a number of other countries.

The broader pause was connected to changes in how the Department of State evaluates applicants under the public charge rules and additional training for consular officers.

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sharijo-cv-4043315-scaledThe U.S. Department of State has resumed the issuance of Diversity Visas following a federal court order in Medani et al. v. Trump et al. According to the State Department, visa issuance has resumed as of August 28, 2026, ending the suspension that had been in place since December 2025.

The December 2025 suspension had temporarily stopped U.S. Embassies and Consulates from issuing Diversity Visas while the government reviewed screening and vetting procedures. The court order now requires the State Department to resume processing and issuing affected visas.

Why This Matters for DV-2026 Applicants

Timing is especially important for DV-2026 applicants because Diversity Visas generally must be issued by September 30, 2026. If a visa number is not issued by the end of the fiscal year, the opportunity may be lost.

Applicants with pending cases should continue monitoring their case status, attend any scheduled interviews, and respond quickly to requests from the U.S. Embassy or Consulate.

If you have a pending DV-2026 case and are concerned about the September 30 deadline, contact an immigration attorney as soon as possible to discuss how the court order and resumed visa issuance may affect your case.

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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

Family-Sponsored Categories

Final Action Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico will advance 1 month to January 1, 2008
  • Worldwide, China, and India will advance 13 months to January 22, 2020

F-2A Spouses and Children of Permanent Residents

  • Mexico will advance 1 month to August 22, 2025
  • All other countries will advance 1 month to August 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Worldwide, China, India will advance 1 year and 7 months to August 22, 2019

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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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