U.S. State Department pauses immigrant visa applications

The most important thing to note is this for immigrant visas ie green cards. As yet, nonimmigrant visas such as visitor, student and employment visas are unaffected. That may change. It's also unclear if K1 (fiance) visas are affected because they're technically nonimmigrant but they'll probably be treated as immigrant visas.

This has the most effect on family-based green cards. The most common type is a marriage-based green card but there are also green cards for parents, children and even siblings of primarily US citizens but also lawful permanent residents ("LPRs").

When a US citizen or LPR marries a non-resident and they wish to live in the US, you broadly have three routes to make this happen:

1. If they're within the US, you can do an adjustment of status ("AoS"). This is where you file an I130 and an I485. Generally you do this concurrently. If you're an LPR and not a citzen then you might not because you may need to wait for a visa to become available. There can be other reasons depending on the foreign spouse's immigration history, whether they're in removal proceedings and what other immigration benefits they've applied for;

The I130 is filed by the sponsor (ie the citizen or LPR) and it basically shows that you both are free to marry and the marriage is legal. If neither of you have been married before, this is relatively straightforward. It can be difficult otherwise but an I130 is generally considered routine;

The I485 is filed by the immigrant to adjust status. It can be based on an approved I130 or filed concurrently (within the US only). This is where USCIS will determine if they believe the marriage is bona fide, meaning there's no fraud taking place. This includes the submission of marriage evidence (eg joint bank accounts, bills in both of your names, a lease or deed in both of your names, photos, proof of the relationship and so on). USCIS makes a holistic determination based on the totality of your case and prior immigration history. For various reasons, you may have a bar on adjusting and may need a waiver;

2. If the foreign spouse is outside the US, you will generally need to do what's called consular processing. You file the I130 as per normal and once it's approved you apply with the consulate. Depending on the country it may take over a year to get an appointment and the embassy and/or USCIS may end up sitting on the case. This whole process can take years. If granted, you are granted a visa to enter the US. Upon entry, you get a green card; or

3. The so-called fiance visa (K1). In this case you are unamrried and the foreign fiance is outside the US. It's similar to consular processing. If granted, you get a visa stamp and can enter the US. You need to marry within 90 days of entry and then you apply for adjustment of status within the US.

So, what has this administration done to block legal immigration? A ton, actually:

1. They've placed various bans on the issuance of visas to citizens of certain countries. There are 3 such bans in place now and they're called the 19, 39 and 75 country bans. I honestly forget which is which. What happens in consular processing and fiance visa cases is that you go through all the above steps including a consular interview and then... nothing. The consulate is forbidden from issuing you a visa by executive order.

Although it's never been estated, the administration tends to take a broad view of citizenship. For example, if you were born in Afghanistan and your family moved to Canada when you were 1 month old and you've never been there in your life, this administration treats you as an Afghan for the purposes of the bar.

2. The administration implemented a rule whereby you have to consular process in the country of your birth regardless of where you live. There's really no reason for this rule other than to make it harder for people from "shithole" countries to get visas because certain countries have incredibly long wait times for consulate interviews. And if your country of birth has no consulate, they'll assign you to another one and that may not be convenient or even possible (ie you may not be able to enter that country);

3. The administration released a policy memo that stated that adjustment within the US was an "extraordinary" rememdy and that most cases should consular process. They like consular processing because AoS can be challenged in federal court whereas the Supreme Court has ruled that the president has broad powers to limit immigration so consular decisions generally can be reviewed by any court. So the various bans will likely stop issuance of visas to citizens of those countries outside of the US until, at a minimum, Trump leaves office;

4. They're introducing a new rule that's typically called "public charge". This is a new standard whereby USCIS should reject visa applications from people who have been or they consider will be a "public charge", meaning rely on public benefits. You can guess the skew in what countries this does and doesn't apply to;

5. When you adjust within the US, you can optionally apply for an employment authorization document ("EAD") ie a work card. In earlier times, this would arrive within 2-3 months and allow a person to work legally while their I485 case is being processed. It seems like since January 21, 2025, USCIS has basically stopped issuing EADs to make life difficult for immigrants in most cases;

6. To adjust within the US, you need to be inspected at the border. People without this (eg they sneak across the border) are called entering without inspection ("EWI"). This administration has decided some previous programs under Biden specifically (eg CBP One and TPS) in most cases won't be treated as valid entries. This generally means you need a difficult to get waiver to adjust and if you leave to consular process, you're facing a 3-10 year bar and possibly a permanent bar depending on circumstances;

7. In certain circumstances to adjust within the US you have to maintain valid status the entire time or be in status at the time you apply. This administration is trying to take the view that TPS is not valid status for this purpose. This can be mean you're retroactively out of status and can be placed in rmeoval and/or face a bar if you leave and try and return;

8. Various humanitarian programs to parole in place ("PIP") have been ended, forcing people to leave the country to adjust and then face bans from certain countries, bars for unlawful status and/or inadmissibility;

9. There have been pilot programs, particularly in San Diego, to coordinate removals by ICE when people go an appointment at USCIS for an interview or check-in;

10. Judges in immigration court are not Article III judges like federal judges are. They can be fired by the executive for any rason. This president basically fires judges that approve too many cases;

11. Previously, people in removal proceedings depending on their circumstances could get out on bond. For a lot of people, this has been eliminated;

12. ICE will generally try and get someone out of the jurisdiction after picking them up to avoid getting blocked by a habeas petition in federal court. Often they're moved to jurisdictions with far friendlier judges (eg Louisiana). They can also be moved randomly to make it hard to family or even their attodrneys to find and talk to them;

13. There is a ton of evidennce that USCIS is sitting on cases to delay for really no good reason. For example, they'll approve the I130 and just not make a ruling on an I485. This can force people to pay even more money to go into federal court and get a writ of mandamus;

14. Naturatlization has a requirement for "good moral character". Up until thi sadministration, that's been treated as the lack of bad moral character, such as a conviction for certain aggravated offences. This administration takes the view that an applicant has to instead prove good moral character, which can be letters of support from citizens;

15. Denaturalization has historically been a very rare occurrence. It requires the government to go into federal court and make a case that you committed fraud to become a citizen. Historically this has been a few dozen casea a year at most. Now it's in the hundreds. That's still not a lot but people expect this to ramp up. They're also taking a broader view of grounds for denaturalization. For example, if you committed a disqualifying offence before you naturalized but weren't charged and convicted until after, they isometimes now go after that where they didn't previously;

16. They've implemented so-called third-country deportation. That is, you can be deported to some other country entirely if your home country won't take you or if it's deemed unsafe for you to return to that country. So, you can flee civil war in South Sudan and be deported to El Salvador now. Historically, we didn't do this;

17. This week they announced they were going to revoke the B1/B2 visas for asylum seekers issued in the last 10 years. For anyone who doesn't know, visitor visas typically allow you to enter the US for up to 6 months. It's up the officer at the port of entry and they just make it up, basically.

People who seek asylum are generally forgiven for however they get into the country as long as they entered with inspection. There is a huge backlog in immigration cases from the mid 2010s that are still pending.

Now those visas have long expired so what's the point? I have a theory. When you apply for a temporary visa, you're asked what it's for. So for a visit visa, it might be to go to the World Cup. At any point later on if they find you didn't do what you said you were going to do, they can view that as misrepresentation (ie immigration fraud). This is particularly the case for people who get a visit visa, come to the US and get married within a short window of time.

A finding a misrepresetation can make you permanently inadmissible and that makes you ineligible to adjust.

So what's the point of expiring old visas? I believe they're going to say certain asylum seekers committed immigration fraud to get into the country and they'll find them inadmissible and use that as an excuse to deport them, something we never previously did;

Or, that evocation will potentially break your chain of maintaining status retroactively, making you ineligible to adjust in other circumstances; and

18. The latest: immigrant visas are being paused in consular processing cases, ostensibly for "retraining" in public charge scenarios.