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Court Struck Down the 75-Country Visa Ban. Why Are Thousands of Immigrants Still Waiting?
In August, a federal judge threw out a Trump administration policy that froze immigrant visas for people from 75 countries. Yet NPR reported on October 26, 2026 that many of those immigrants are still stuck abroad, with no visa in hand. Attorneys say the government is slow-walking their cases. The State Department says the matter is in litigation. Here, our EB-1A consultants have dived deep into this important news and dissected it from all the angles.
From a January ban to an August ruling
In January 2026, the State Department told consular officers to stop processing immigrant visas for nationals of 75 countries, including Afghanistan, Iran, Russia, Somalia and Colombia. NPR reports the ban caught more than 280,000 people who had already applied. Some were awaiting only the physical visa. A Cato Institute analysis, cited by NPR, found it targeted thousands of close relatives of U.S. citizens and permanent residents, including spouses and minor children, and called it among the most extreme legal immigration policies in modern U.S. history.
The State Department said the policy rested on Council of Economic Advisers data showing that over 30 percent of households with immigrants from these countries receive some public assistance, according to the Associated Press. On Friday, August 21, U.S. District Judge Jeannette Vargas of New York set the policy aside as “contrary to law and in excess of statutory authority,” the AP reported. She held that Secretary of State Marco Rubio had exceeded his authority and that Congress gave consular officers the power to judge each applicant. A nationality-based ban, she wrote, directly abrogates that scheme.
Two nonprofits and 11 individuals brought the case. Anna Gallagher of the Catholic Legal Immigration Network, one of the plaintiffs, said it was about keeping families together. Diana Konate of African Communities Together said the ban had caused “immeasurable harm,” and told her community it was “no more.” The State Department said it protects Americans through strict screening and would not comment on pending litigation.
A ruling on paper, a wait in practice
Legally, the ruling is broad. Deep Arrival’s analysis says the court vacated the blanket freeze and set aside refusals based solely on the January policy. It also notes what the decision did not do. It set no interview dates and waived none of the medical, security, document or public charge checks. Consular officers still decide each case. Another outlet noted that other travel restrictions remain in force.
The State Department’s website now says the ban is no longer in effect, NPR reports. In practice, though, the department told NPR in August that it had paused visa processing to launch an in-depth “training program” for embassies and consulates on spotting applicants likely to become a “public charge.” Even people with approved visas must now clear extra screening. A former consular officer told NPR she had never seen a pause this significant. She spoke anonymously for fear of harming her job prospects.
That training is already showing up in interviews. In October, AILA published sample questionnaires from posts in London, Paris, Kingston, Madrid and Doha asking about applicants’ housing, jobs, health coverage, assets and sponsors.
A veteran’s family in limbo
NPR’s story centers on Dustin Hoffman, a U.S. Army veteran who moved to Argentina in 2013 after serving in Iraq. He and his wife Gloria, who is Colombian, began her visa paperwork late last year. They have a 5-year-old daughter, Chaya, and a 12-year-old stepson, Israel, who is autistic. Hoffman said he wants his children to have the opportunities he had, and that Argentina offers too few resources for an autistic child.
Nearly a year later, Gloria and the children are still in Argentina. Even after the ruling, the State Department keeps asking the family for more proof that they can support themselves in the United States. Hoffman says he misses them daily, that his daughter cries and asks for him, and that his psychiatric medication has been increased. As an Uber driver, he is paying a U.S. mortgage and rent in Argentina, saying they are “living on a dream and a prayer.”
When the “brightest” are left behind
The delays also affect high-skilled applicants, which should interest EB-1A readers. NPR profiled Dr. Fernando Lizcano, a Colombian physician-researcher who studies cardiovascular health challenges in the U.S., including obesity. USCIS approved his EB-1A petition, the category for people of extraordinary ability. The only step left was getting the visa stamped in his passport. He is still in Bogotá waiting for State Department approval, and says it is not fair and that he was fine before this began.
NPR notes the irony. Trump said in his first term that he wanted the “best and brightest” immigrants, and the America First Policy Institute argued in March 2026 for a merit-based system favoring education, skills and job offers. Yet people who meet that standard are caught in the same delays.
What the lawyers say
Alexis Axelrad, president-elect of the American Immigration Lawyers Association, told NPR that “technically the ban doesn’t exist.” She said it makes little difference if people still cannot finish interviews or receive visas. Attorneys representing immigrants say the administration is not complying with the court order and is delaying processing on purpose. The State Department has not answered that charge.
What applicants can do now
The ruling restored case-by-case review but guaranteed no timeline. Applicants should keep their financial, employment and sponsor records current and answer any request for evidence quickly. They should also check their embassy’s instructions and talk to an immigration attorney about their options.
At GCEB1, our EB-1A experts regularly write and publish detailed analysis and insights about the US immigration landscape. Stay tuned to us and get personalized mentorship into the merit based US immigration pathways. We wish you a safe and stress free immigration journey ahead.
Frequently Asked Questions
1. What did the court decide?
Judge Jeannette Vargas vacated the State Department’s January policy on immigrant visas for 75 countries as contrary to law and beyond statutory authority.
2. Is the ban still in effect?
No. The State Department’s website says it is not. Delays continue in practice.
3. Why are people still waiting?
The State Department says it paused processing for a public charge training program. Applicants face extra screening, even with approved visas.
4. How many people were affected?
More than 280,000 immigrants had applied by the time the policy took effect in January, NPR reports.
5. Does the ruling guarantee my visa?
No. It did not set interview dates or waive medical, security, document or public charge checks.
6. Does this affect EB-1A applicants?
Yes. NPR profiled an EB-1A holder who was approved by USCIS but still awaits his visa stamp.
7. What is the State Department’s response?
It declined to comment, saying the matter is subject to pending litigation.
8. Are all travel restrictions lifted?
No. The ruling covered the immigrant visa freeze. Other restrictions remain, and tourist and other nonimmigrant visas were outside the ruling.
9. What should I do now?
Keep your documents ready, respond to requests promptly and consult an immigration attorney.
Sources & Further Readings
- American Immigration Lawyers Association. “Sample Public Charge Questions from Consular Posts.” AILA Doc. No. 26100962. October 20, 2026. https://www.aila.org/library/sample-public-charge-questions-from-consular-posts.
- Casey, Michael. “Federal Judge Vacates Trump Policy That Suspended Processing of Immigration Visas from 75 Countries.” Associated Press, via PBS News, August 22, 2026. https://www.pbs.org/newshour/politics/federal-judge-vacates-trump-policy-that-suspended-processing-of-immigration-visas-from-75-countries.
- Dallas Express. “Trump’s 75-Country Immigrant Visa Freeze Just Lost in Court. His Travel Restrictions Remain.” August 24, 2026. https://dallasexpress.com/national/judge-strikes-down-trumps-75-country-immigrant-visa-freeze-but-39-country-restrictions-remain/.
- Deep Arrival. “Judge Voids U.S. Immigrant Visa Freeze for 75 Countries.” 2026. https://deeparrival.com/news/judge-voids-us-immigrant-visa-freeze-75-countries-2026/.
- Martínez-Beltrán, Sergio. “Court Ruling Fails to End Wait for Thousands of Immigrants Stuck Abroad Without Visas.” NPR, October 26, 2026. https://www.npr.org/2026/10/26/nx-s1-5991896/court-ruling-fails-to-end-wait-for-thousands-of-immigrants-stuck-abroad-without-visas.
