Two Immigrant Visa Bans Now in Effect: What You Need to Know
/Two separate immigrant visa bans went into effect this month, and if you have a pending visa application or family members waiting abroad, you need to understand how these restrictions might affect you.
As a Seattle immigration attorney who has been practicing exclusively in this field for over 20 years, I want to break down what's happening, who's affected, and what you should do if you have a case pending.
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The Two Separate Restrictions
December 16th Presidential Proclamation
The first restriction came from a Presidential Proclamation issued on December 16th, targeting countries with identified security concerns. This proclamation creates new barriers for immigrant visa processing at U.S. embassies and consulates abroad.
January 21st State Department Processing Pause
The second restriction began on January 21st when the State Department announced a processing pause affecting over 80 countries deemed "high-risk" for public benefits usage. This pause applies specifically to immigrant visa applications going through consular processing.
These aren't the same restriction, and they don't affect the same people. But both create significant barriers for families trying to reunite through family-based immigration petitions and individuals seeking permanent residence in the United States.
Who Is Affected Right Now
Currently, these restrictions apply to immigrant visa applications being processed through U.S. embassies and consulates abroad—what we call consular processing. This includes:
- Marriage-based green card applications where the foreign spouse is abroad
- Family preference petitions (F1, F2A, F2B, F3, F4 categories)
- Other immigrant visa categories processed through the National Visa Center and U.S. embassies
Important: If you're applying for adjustment of status through USCIS inside the United States, these bans don't affect you yet. Your I-485 application continues to be processed under current USCIS guidelines.
However, I want to be clear about something: immigration policy can shift quickly, and what's true today might change tomorrow. We're monitoring closely to see if USCIS will apply similar restrictions to cases being processed domestically.
What This Means for Pending Cases
If Your Case Is at the Embassy Stage
If you have a family member waiting for an immigrant visa interview at a U.S. embassy, their case may be delayed or denied under these new restrictions. The State Department hasn't provided clear guidance on which specific countries fall under the January 21st pause, which makes it difficult to predict outcomes.
If Your I-130 Petition Was Just Approved
For I-130 petitions approved by USCIS but not yet at the National Visa Center, your case will likely face additional scrutiny once it reaches the consular processing stage. The timing of when your case enters the NVC system could significantly impact whether these restrictions apply.
If You're Considering Filing Now
Families asking me whether they should file new petitions right now need to understand that while immediate relative petitions (spouses, parents, and unmarried children under 21 of U.S. citizens) don't have visa backlogs, these restrictions could still affect the final consular processing stage.
For family preference categories with multi-year waiting periods, it's harder to predict what the policy landscape will look like when your priority date becomes current.
Common Questions We're Hearing
"Should we withdraw our petition and wait?"
Not necessarily. Every case is different. Withdrawing a petition means losing your priority date, which could set you back years in family preference categories. Before making any major decisions, talk to an immigration attorney about your specific situation.
"Can we request an exception or waiver?"
We don't yet know what procedures, if any, exist for requesting exceptions to these restrictions. The State Department hasn't issued clear guidance on this. Waivers of inadmissibility that existed before these restrictions may still apply, but we're waiting for clarification.
"What if our interview is already scheduled?"
If you have an immigrant visa interview already scheduled, attend it unless you're specifically told not to. Bring all required documentation and be prepared to answer questions about the new restrictions. Having an experienced immigration attorney prepare you for the interview is more important than ever.
"Does this affect citizenship applications?"
No. If you're a green card holder applying for U.S. citizenship through naturalization, these immigrant visa bans don't affect your N-400 application. Naturalization is an entirely separate process from immigrant visa issuance.
What You Should Do Now
First, don't panic. Second, don't make any major decisions without understanding your specific situation.
If you have a case pending abroad, reach out to your immigration attorney to discuss your options. If you don't have an attorney, our office can review your case and provide guidance on the best path forward.
In some situations, it may make sense to wait for clearer guidance from the State Department. In others, moving forward despite uncertainty might be the right call. The country involved, the relationship type, your immigration history, and dozens of other factors determine the best strategy.
What L.I.H. Law Is Monitoring
I've been practicing immigration law in Seattle since 2004. Policy changes like this aren't new, but the lack of clear guidance from the State Department makes these restrictions particularly challenging to navigate.
Our office is monitoring several developments closely:
- Whether USCIS will apply similar restrictions to adjustment of status cases inside the U.S.
- Which specific countries fall under the January 21st State Department pause
- How long these restrictions will remain in place
- What procedures, if any, exist for requesting exceptions or waivers
- How these restrictions interact with existing inadmissibility bars and waiver processes
As soon as we have clearer information, we'll update our clients and post updates here on our blog.
Need Help With Your Case?
If you're dealing with a pending immigrant visa application and want to understand how these bans affect your specific situation, L.I.H. Law can help.
Our office has over 20 years of experience handling complex immigration cases, including:
- Marriage-based green cards with complicated circumstances
- Family-based petitions in all preference categories
- Consular processing cases with previous denials or complications
- Waivers of inadmissibility for unlawful presence and other bars
Contact L.I.H. Law:
📞 Phone: (206) 838-7628
📧 Email: info@lihlaw.com
💬 WhatsApp: Schedule a video consultation
🌐 Website: www.immigrationlawseattle.com
📍 Office Location:
L.I.H. Law
159 Denny Way, Suite 107
Seattle, WA 98109
⏰ Hours: Monday–Thursday, 9:00 AM – 5:00 PM
Se habla español. Our entire staff is bilingual and ready to help you navigate these immigration challenges.
Attorney Lesley Irizarry-Hougan is a Seattle immigration lawyer with over 20 years of experience exclusively practicing immigration law. She serves clients throughout Washington State and specializes in complex family-based immigration cases, asylum, VAWA protections, and deportation defense.