If you’re in the process of applying for a green card from abroad, you need to know about a significant change that went into effect on January 21, 2026. The Department of State announced a pause on immigrant visa issuances for nationals of 75 countries while they reassess vetting procedures around public charge determinations.
Here’s what this means for your case and what you can do about it.
What Exactly Is Being Paused?
The pause affects immigrant visas only, those that lead to permanent residence (green cards). This includes family-based petitions and employment-based immigrant visas. The affected countries include Nigeria, Brazil, Russia, Haiti, Pakistan, and over 70 others identified as having higher rates of public benefit usage.
Good news: If you’re applying for or already hold a tourist visa (B-1/B-2), student visa (F/M), H-1B, or any other nonimmigrant visa, this pause does not affect you. Those processes continue as normal.
Can You Still Attend Your Visa Interview?
Yes. Applicants can still attend scheduled interviews at U.S. embassies and consulates. However, visas will not be issued at this time for nationals from the affected countries. Think of it as hitting the pause button right before the final step, your case can move forward through the interview stage, but the actual visa stamp in your passport won’t happen until the review process is complete.
What’s the “Public Charge” Rule About?
The public charge rule evaluates whether an applicant is likely to become dependent on U.S. government benefits or financial assistance. The stated goal is ensuring financial self-sufficiency, that immigrants can support themselves without relying on welfare programs, healthcare subsidies, or other public benefits.
The Department of State is conducting a comprehensive review to determine whether applicants from these high-risk countries meet stricter standards for financial independence before green cards are issued.
Are There Any Exceptions?
Yes, two important ones:
1. Dual nationals: If you hold citizenship from one of the affected countries but also have a passport from a non-listed country, you may be able to proceed using your other nationality.
2. Adoptions: Certain adoption cases may receive exceptions, though specific criteria haven’t been fully detailed yet.
What If You Already Have a Valid Immigrant Visa?
If you were issued an immigrant visa before January 21, 2026, and it’s still valid, you should be able to use it to enter the United States. The pause applies to new issuances, not existing valid documents.
However, be aware that enhanced vetting procedures may still apply to certain benefit applications once you’re in the U.S., so consult with an immigration attorney about your specific situation.
What Should You Do Now?
If your case is affected by this pause, here are your next steps:
Stay informed. Policies are evolving rapidly, and we’re monitoring updates from the Department of State closely.
Attend your interview if scheduled. Even though visas aren’t being issued, completing your interview keeps your case moving forward.
Gather strong financial documentation. When the pause lifts, you’ll want evidence of financial self-sufficiency ready: employment letters, bank statements, affidavits of support, and proof of assets.
Consider dual nationality options. If you qualify for citizenship in a non-affected country, explore that pathway.
Consult an immigration attorney. Individual circumstances vary widely, and professional guidance can help you navigate exceptions or alternative strategies.
The Bottom Line
This pause represents a significant shift in how the U.S. evaluates immigrant visa applicants from certain countries, with a laser focus on preventing reliance on public benefits. While it creates uncertainty and delays for thousands of applicants, the key is to stay proactive and prepared.
We’ll continue tracking developments and updating you as new information becomes available. If you have questions about how this affects your specific case, reach out to us for a consultation.
This blog post is for informational purposes only and does not constitute legal advice. Immigration cases are highly individual, and you should consult with a qualified immigration attorney about your specific circumstances.
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