Visa Lawyer Blog

Articles Posted in Immigrants

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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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rtanvir-ukraine-7096789_1280Thousands of Ukrainian and Sudanese immigrants will retain their Temporary Protected Status (TPS) protections for now, despite their current designations being scheduled to expire on October 19, 2026.

On October 18, 2026, the U.S. Department of Homeland Security (DHS) confirmed to CBS News that existing TPS beneficiaries from both countries will remain protected while the agency considers whether to formally extend or terminate their designations.

According to DHS, final decisions will “be made at the appropriate time.” Until then, affected beneficiaries will “retain protection.”

What Is Temporary Protected Status (TPS)?

TPS is a humanitarian immigration program that allows eligible nationals of designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions to temporarily remain in the United States.

Individuals granted TPS generally receive protection from deportation and may obtain employment authorization. However, TPS does not automatically provide a pathway to permanent residency.

What Is Changing for Ukraine and Sudan?

In January 2025, DHS extended TPS for both Ukraine and Sudan for 18 months, from April 20, 2025, through October 19, 2026.

The extensions were based on continuing armed conflict and dangerous conditions preventing nationals from safely returning to their home countries.

According to CBS News, DHS has now confirmed that existing beneficiaries will retain their protections while the agency determines the future of the programs.

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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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mohamed_hassan-cash-3242592The Department of Homeland Security (DHS) and Department of Justice (DOJ) have finalized a rule making it easier and faster for the government to impose civil monetary penalties for certain immigration violations.

The rule applies to noncitizens who:

  • Willfully fail or refuse to leave the United States after a final removal order
  • Fail to depart within the time permitted under a voluntary departure order or
  • Are apprehended while unlawfully entering or attempting to enter the United States.

The rule does not create entirely new penalties. Instead, it changes the procedures DHS uses to impose existing fines.

How Much Are the Fines?

Current penalties can include:

  • $100 to $500 for unlawful entry or attempted entry;
  • Approximately $1,992 to $9,970 for failure to comply with voluntary departure; and
  • Up to $998 per day for willfully failing to depart after a final removal order.

Because some penalties accrue daily, the total amount can grow to hundreds of thousands of dollars or even exceed $1 million in long-running cases.

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mohamed_hassan-visa-3653493-scaledMajor changes to the public charge policy took effect on September 18, 2026, changing how USCIS evaluates individuals applying for permanent residence in the United States.

The new policy gives immigration officers more discretion to consider government benefits and an individual’s circumstances when deciding whether someone is likely to become a public charge.

What Is Public Charge?

“Public charge” is a ground of inadmissibility used to determine whether a green card applicant is likely to rely on government assistance for support.

A public charge finding can affect whether an applicant is allowed to obtain permanent residence or enter the United States.

What Changed on September 18, 2026?

The federal government rescinded the 2022 DHS public charge rule and replaced the way USCIS evaluates green card applications with new agency guidance.

The change became effective September 18, 2026.

Under the new policy:

  • USCIS may consider a broader range of government-funded benefits.
  • Immigration officers have greater discretion when reviewing an applicant’s circumstances.
  • Means-tested benefits which are programs generally available based on income or financial need may now be considered.
  • The government may also consider a wider range of financial circumstances to evaluate whether an applicant is likely to become a public charge.

Receiving a public benefit does not automatically mean that someone will be denied a green card on public charge grounds. The determination depends on the person’s particular immigration case and circumstances.

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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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blessing-ri-mBRtqyC_Iq0-unsplash-scaled

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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