Is Your Visa Saved? Court Voids Suspension for 6 Countries

A federal judge in New York on August 22 voided the immigrant visa suspension that the State Department imposed on 75 countries. Six of them are Latin American: Colombia, Cuba, Nicaragua, Uruguay, Brazil, and Haiti.

Judge Jeannette A. Vargas, of the U.S. District Court for the Southern District of New York, ordered the resumption of individual evaluation of each application. The decision directly benefits thousands of families with open processes in those six countries.

Which Latin American countries recover the immigration process

Since January 2026, the government had frozen the processing of immigrant visas for citizens of 75 nations. Among them were six from the American continent, according to La Nación newspaper’s count.

With the ruling, previous rejections based exclusively on that policy are voided. The consulates must reopen each file and decide case by case, not based on the applicant’s nationality.

Denials based on other legal grounds, separate from the suspension, may remain in effect. For this reason, each family should confirm directly with their consulate the specific reason for a previous rejection.

Why the government had frozen these residency applications

The State Department justified the measure by arguing that more than 30% of households in those 75 countries received some type of public assistance in the United States. The agency argued that those applicants had a higher probability of becoming a public charge.

Under that rule, a consular officer could not approve a visa, regardless of the individual merit of the case. Applicant nationality alone was enough for the process to be automatically rejected.

The policy relied on a broad interpretation of the Secretary of State’s authority. Marco Rubio headed the State Department when the measure was implemented in January 2026.

What the court found regarding nationality discrimination

Vargas determined that the policy violated the Immigration and Nationality Act of 1952 (INA). That law prohibits denying visas based solely on the applicant’s country of origin.

The judge also concluded that Rubio exceeded his authority by eliminating the discretion that the law reserves for each consular officer. She wrote that the conflict between the policy and existing law was direct and easy to resolve.

Attorney Antionette Dozier, of the Western Center on Law & Poverty, represented the Catholic Legal Immigration Network in the lawsuit. She said the ruling returns families from the 75 countries to fair, case-by-case review.

The legal framework behind the judicial decision

The Immigration and Nationality Act establishes that consular officers must evaluate each application according to specific criteria, such as income, employment, and family ties. No law permits a collective rejection based solely on country of origin.

The ruling also does not automatically guarantee visa approval. Applicants must continue to meet all current immigration requirements, according to legal rights organizations.

The lawsuit against the suspension was filed by 11 individuals and two nonprofit organizations. Among them was the Catholic Legal Immigration Network, according to details collected by PBS.

What it means for your Green Card or family reunification

If you have a direct relative with a pending visa petition in Colombia, Cuba, Nicaragua, Uruguay, Brazil, or Haiti, their case can no longer be dismissed based solely on nationality. The consulate must evaluate it again, individually.

Family petitions like Form I-130 already face delays of between 14 and 35 months, according to USCIS data. For many families awaiting a frozen immigrant visa, the ruling reopens a path that had been closed for months.

The next step depends on each consulate, not on a single timeline for all cases. For this reason, it is advisable to review the file directly with the corresponding consular office.

The official response and next steps

The State Department responded that its priority is protecting the American people by maintaining high investigation and verification standards. The agency said it does not comment on ongoing litigation, according to PBS.

Those with a pending immigrant visa in any of the six affected Latin American countries can check the status of their case directly with the consulate. It is also advisable to keep all file documents in case additional information is requested.

A certified immigration attorney can provide guidance on specific steps based on each family situation. Both parties to the litigation have until September 11 to define how the rest of the legal process will continue.