The American Immigration Lawyers Association (AILA) recently issued a practice pointer titled “Immigrant Visa Applications Amid Bans and Pauses” on March 16, 2026 (AILA Doc. No. 26020432), addressing significant developments in consular processing. One of the most notable changes is the Department of State’s (DOS’) decision, effective January 21, 2026, to pause immigrant visa issuance for nationals of 75 countries. The stated purpose of this pause is to conduct a comprehensive review of policies, regulations, and guidance, particularly focusing on concerns that certain applicants may become a public charge in the United States. An update on February 2, 2026 introduced a narrow exception allowing visa processing to continue for international adoption cases. Another possible exception is the K-1 visa, or fiancé visa.
Affected Countries
For ILBSG clients, this means that if you are a national of one of the affected countries, your immigrant visa application at a U.S. consulate may not move forward at this time, regardless of case strength or approval of the underlying petition. The affected countries include:
- Afghanistan.
- Albania.
- Algeria.
- Antigua and Barbuda.
- Armenia.
- Azerbaijan.
- Bahamas.
- Bangladesh.
- Barbados.
- Belarus.
- Belize.
- Bhutan.
- Bosnia and Herzegovina.
- Brazil.
- Burma.
- Cambodia.
- Cameroon.
- Cape Verde.
- Colombia.
- Côte 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.
- Yemen.
Key Takeaways
A critical point from the AILA guidance is the distinction between immigrant visas and K-1 fiancé visas. The current presidential action and implementing guidance do not clearly address K-1 visas. In practice, there has already been at least one reported issuance of a K-1 visa after the pause took effect. This creates a potential strategic pathway. Individuals eligible for a K-1 visa may remain viable while immigrant visa processing is paused. However, the lack of clear guidance means outcomes may vary by consulate, and decisions should be made carefully based on your specific facts.
There is also ongoing litigation challenging the DOS’ decision. While the ongoing litigation may eventually impact the policy, it will take time, and there is no immediate relief for pending applicants. ILBSG is actively monitoring these developments and advising clients on case-specific strategies. Each situation requires a tailored approach. If your case is affected, we will work with you to identify the most practical path forward and adjust your immigration strategy in real time as the policy evolves.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.