By Kelsey Zubkoff, Esq. | May 4, 2026 | 10 min read
Last Updated: May 4, 2026 — This article reflects the current status of the 75-country visa pause and active litigation as of the date published.
Since January 21, 2026, the U.S. Department of State has effectively frozen the dreams of thousands of families. Under a sweeping new directive, immigrant visa processing has been "paused" for nationals of 75 countries — leading to what many immigration attorneys are calling the "Silent Refusal." Your case is not denied. It is not approved. It simply does not move.
If you are a U.S. citizen or permanent resident with a spouse, parent, or child stuck abroad in one of the affected countries, this guide explains exactly what happened, what the courts are doing about it, and what you need to prepare for when processing resumes.
Related: For the full list of affected countries and immediate next steps, see our 2026 Visa Pause & Travel Ban Country List. For the broader litigation landscape, see our 2026 Immigration Litigation Guide.
The January 21 Directive: What Is the "Pause"?
On January 21, 2026, the Department of State (DoS) suspended immigrant visa issuances for nationals of 75 countries. The stated justification is a need to reassess "Public Charge" screening procedures for applicants from these nations. The administration characterizes this as a temporary administrative review.
In practice, applicants at embassies from Accra to Addis Ababa to Guatemala City are being met with one of two outcomes:
Section 221(g) refusal slips. Applicants who attend scheduled interviews are handed a 221(g) refusal — a "soft denial" that places the case in indefinite "Administrative Processing" with no timeline for resolution and no explanation of what additional information is needed.
Cancelled or unscheduled interviews. Applicants who were Documentarily Qualified (DQ) at the National Visa Center and waiting for an interview date have seen their cases go silent. No interviews are being scheduled. No communication is being sent. The NVC website simply shows "In Transit" or "At Post" with no movement.
The result is the same in both scenarios: families separated indefinitely, with no legal mechanism to force action through normal channels.
Who Is Affected?
The 75-country pause primarily impacts nationals of countries in Sub-Saharan Africa, South Asia, Southeast Asia, Central America, and the Caribbean. The full list includes major source countries for family-based immigration such as:
- Ghana, Nigeria, Ethiopia, Kenya
- India, Pakistan, Bangladesh, Philippines
- Guatemala, Honduras, El Salvador, Haiti, Jamaica
- Colombia, Venezuela, Dominican Republic
If your beneficiary is a national of one of these countries — regardless of where they currently reside — their immigrant visa processing is affected. This applies to all family-based preference categories (IR-1, CR-1, F-1 through F-4) as well as diversity visa (DV) lottery winners.
Active Litigation: CLINIC v. Rubio
The most critical development for families stuck abroad is the lawsuit CLINIC v. Rubio, pending in the U.S. District Court for the Southern District of New York.
The Core Argument
The plaintiffs — a coalition led by the Catholic Legal Immigration Network (CLINIC), the National Immigration Law Center (NILC), and the Legal Aid Society — argue that the January 21 pause is an unlawful, nationality-based ban that violates the Immigration and Nationality Act. The INA explicitly prohibits the government from discriminating in visa issuance based on an applicant's nationality, race, or national origin.
Current Status (May 2026)
The case is currently pending on cross-motions for summary judgment. As of April 24, 2026, both sides have completed their briefing. The government's final response asked the judge to dismiss the plaintiffs' motion and rule in its favor. The judge will now review both sides' arguments and issue a ruling.
Legal observers expect a decision by summer 2026. A favorable ruling could vacate the ban and force consulates to resume scheduling interviews immediately.
What a Win Would Mean
If the court rules for the plaintiffs, the most likely outcome is a nationwide injunction ordering the State Department to:
- Resume normal immigrant visa processing for nationals of the 75 affected countries
- Reschedule interviews for applicants whose cases were frozen
- Process cases in the order they were originally queued — meaning those who were DQ before January 21 would be prioritized
However, the government would almost certainly appeal, and could seek an emergency stay from the Second Circuit or the Supreme Court. Even so, a district court victory would be a powerful signal and could lead to voluntary policy changes.
The Medical Expiration Trap: Why Your Exam May Need a Redo
Here is a practical consequence that most families are not thinking about yet: if your case is stuck in Administrative Processing for more than six months, your medical exam will expire.
The Rules
Most U.S. Embassies only accept medical examinations that are less than 6 months old at the time of visa issuance. Some posts accept exams up to 12 months old, but this varies by embassy. The clock started ticking on the date your Panel Physician signed the exam.
The Math
If your interview was scheduled for February 2026 and you completed your medical in January 2026, that exam will expire by July 2026 at the latest. If the CLINIC v. Rubio litigation does not resolve until late summer or fall, you will need a completely new medical examination.
The Cost
A new Panel Physician exam costs approximately $300–$600 per person, depending on the country and whether vaccinations are required. For a family of four, that is $1,200–$2,400 in additional out-of-pocket costs — on top of the emotional and financial toll of months of separation.
What You Should Do Now
Do not get a new medical exam yet. Wait until you have a confirmed interview date or a clear signal that processing will resume. Getting an exam too early means it may expire again before your case is adjudicated.
Keep your vaccination records. If you need a new exam, having your previous vaccination records will save time and potentially reduce costs (you will not need to repeat vaccinations that are still current).
Budget for the expense. Set aside funds now so that when processing resumes, you are not scrambling to cover the cost of a new exam on short notice.
What Else Can You Do While You Wait?
While the litigation plays out, there are concrete steps you can take to strengthen your position:
1. Keep your NVC file current. If any documents in your file are expiring (police certificates, civil documents), work with your attorney to determine whether to renew them now or wait. Some documents have longer validity periods than others.
2. Document the financial hardship. If you later need to file an I-601A waiver or demonstrate extreme hardship for any reason, the separation caused by this pause is itself evidence of hardship. Keep records of: additional rent/mortgage payments for maintaining two households, lost income, childcare costs, mental health treatment, and any medical issues exacerbated by the separation.
3. Monitor the litigation. Follow CLINIC's official updates at cliniclegal.org and check our litigation tracker article for the latest developments.
4. Consult with Zubkoff Law. If your case has been stuck for more than 3 months, we can assess whether a mandamus action (a lawsuit to compel the government to act on your specific case) is appropriate. We can also evaluate whether your case qualifies for any exceptions to the pause.
Important: Do not make irreversible decisions (such as withdrawing your petition or abandoning your case) based on frustration. The legal landscape is shifting rapidly, and a favorable court ruling could reopen processing within months.
The Bottom Line
The 75-country visa pause is not permanent law — it is an administrative policy being actively challenged in federal court. The CLINIC v. Rubio case represents the best chance for a nationwide resolution, and a decision is expected this summer. In the meantime, preserve your documentation, budget for a potential medical redo, and stay in close contact with your immigration attorney.
At Zubkoff Law, we have clients affected by this pause in dozens of countries. We are monitoring the litigation daily and will communicate any developments that affect your case. If you have not heard from us in 30 days, reach out — we are here.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration litigation outcomes are uncertain and subject to change. Consult with a qualified attorney about your specific situation.
About the Author
Kelsey A. Zubkoff, Esq. is the founder of Zubkoff Law, a nationally recognized immigration law firm serving clients in all 50 states and over 111 countries. Dual-licensed in Arizona and California, Kelsey specializes in high-stakes immigration litigation including I-601 and I-601A waivers, VAWA self-petitions, marriage-based green cards, and J-1 waiver cases. She has been recognized as a Super Lawyers Rising Star (2024–2026) and featured in Forbes, USA Today, and Business Insider. As the daughter of a Filipino immigrant and granddaughter of a Holocaust survivor, her work is deeply personal. Read Kelsey's full bio →