On Friday, August 21, 2026, U.S. Federal Judge Jeannette Vargas of the Southern District of New York ruled that the U.S. Department of State’s policy of suspending the issuance of immigrant visas to applicants from 75 countries violates federal law, including the anti-discrimination provisions of the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).
What the Ruling Means for Immigrant Visa Applicants
As a result of the ruling, U.S. consulates around the world must resume issuing immigrant visas to nationals of the 75 countries in question, based on individual assessment rather than nationality. Additionally, the U.S. Department of State must also review immigrant visa applications that were denied solely because of the pause on immigrant visa issuance.
Can the Government Appeal the Decision?
The U.S. Department of State could appeal Judge Vargas’s ruling. We will continue to monitor the situation.
Speak to an Immigration Attorney About Your Consular Case
If your immigrant visa application was refused while the pause was in effect, or if your case has been waiting at a consulate since January, this ruling may change where you stand. The immigration attorneys at Scott Legal, P.C. can review your situation and advise on next steps. Contact our office to schedule a consultation.
