Tag: Immigration

On January 14, 2026, the U.S. Department of State issued internal guidance directing U.S. consular posts worldwide to pause immigrant visa issuance for nationals of certain countries deemed to be at high risk of becoming a public charge. This pause takes effect January 21, 2026, and will remain in place until further notice.

While this policy does not cancel immigrant visa interviews, it significantly alters how consular officers must adjudicate cases for affected applicants.

What Does the New Guidance Do?

Under the guidance, consular officers must refuse immigrant visa applications under INA § 221(g) for nationals of designated countries if the applicant has not already been refused under another ground of inadmissibility. The refusal is procedural and tied to a broader pause on issuance, not necessarily a final determination on eligibility.

Importantly:

• Interviews should continue as scheduled
• Cases must still be fully adjudicated, including a public charge analysis under INA § 212(a)(4)
• Officers are instructed to document cases using the internal designation “#AIVPause”

Countries Affected by the Immigrant Visa Pause

The pause applies to nationals of a wide range of countries, including (but not limited to):

Afghanistan, Albania, Algeria, Armenia, Bangladesh, Belarus, Belize, Bhutan, Bosnia, Brazil, Cameroon, Colombia, Côte d’Ivoire, Democratic Republic of Congo, Egypt, Eritrea, Ethiopia, Georgia, Ghana, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of 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.

This list is subject to change as the Department continues its policy review.

Public Charge Review Is Central to This Policy

Consular officers are specifically instructed to closely scrutinize whether an applicant is likely to become a public charge, meaning dependent on U.S. public benefits. Officers must:

• Evaluate the totality of the circumstances
• Apply existing public charge standards under 9 FAM 302.8-2
• Refuse under INA § 212(a)(4) where appropriate

If an applicant overcomes a public charge refusal by submitting additional evidence, the officer must still refuse the case under INA § 221(g) due to the issuance pause.

What About Previously Approved or Printed Visas?

The guidance draws important distinctions:

• Visas already issued and in the applicant’s possession remain valid
• Visas printed but not yet released must be refused under § 221(g)
• Print-authorized but unprinted visas may not be printed
• No previously issued visas will be revoked under this guidance
• Only DHS, not consular officers, determines admissibility at a U.S. port of entry

Are There Any Exceptions?

Yes – but they are narrow.

Applicants may still proceed to issuance if:

• They qualify for a statutory or discretionary exception
• They can demonstrate their travel would serve specific U.S. national interests
• They hold dual nationality and apply using a passport from a non-affected country

Any exception must be clearly documented in the consular record.

What This Means for Applicants and Sponsors

This policy does not mean immigrant visas are permanently denied. Instead, it creates:

• Indefinite delays for many family-based and employment-based applicants
• Increased importance of financial documentation, affidavits of support, and evidence of self-sufficiency
• Heightened scrutiny for applicants from affected countries, even where petitions are already approved

Final Thoughts

This pause reflects a broader shift toward stricter enforcement of public charge principles at the consular level. Applicants from affected countries should expect delays, prepare for enhanced financial review, and seek legal guidance before attending immigrant visa interviews.

If you or a family member may be impacted by this policy, consulting with an experienced immigration attorney is strongly recommended to assess options, potential exceptions, and long-term strategy.

Disclaimer

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