The United States is currently enforcing two separate visa-related policies at the same time, creating widespread confusion for visa applicants and their families worldwide.
According to U.S. immigration attorney Akua Poku, the policies—a 39-country visa ban and a 75-country immigrant visa processing pause—are often mistakenly treated as the same measure, even though they operate very differently and carry distinct legal consequences.
The 39-country visa ban applies to both immigrant and non-immigrant visas, depending on the country involved. Some countries are subject to a full ban, meaning all visa categories are blocked, while others face a partial ban affecting specific immigrant or non-immigrant visa types. If an applicant from a banned country attends a visa interview, the U.S. embassy will deny the application outright unless the applicant qualifies for a narrow exemption or waiver. These denials are issued under Section 212(f) of the Immigration and Nationality Act (INA). Importantly, such cases are not reviewed on their merits; the denial is automatic, final, and the case is closed. Historically, when similar bans have later been lifted, previously denied cases were not reopened, requiring applicants to reapply and pay new visa fees.
By contrast, the 75-country immigrant visa processing pause affects only immigrant visas—commonly referred to as green card applications—that are processed at U.S. embassies outside the United States. Under this policy, visa interviews may still take place and cases are substantively reviewed. However, no immigrant visas are issued while the pause remains in effect. At the interview stage, applicants are typically refused under Section 212(a)(4) (the public charge rule), and their cases are placed into 221(g) administrative processing. Crucially, this refusal is not final. The case remains open, and once the pause is lifted, U.S. embassies generally resume processing the same application without requiring a new filing or additional visa fees, though updated documents may be requested if earlier submissions have expired.
The distinction between these two policies is critical. While the 39-country visa ban results in immediate and final denials, the 75-country processing pause merely delays visa issuance without terminating the application.
Immigration experts caution applicants against assuming the policies are interchangeable, as strategic decisions—such as whether to attend an interview or wait—can have long-term legal and financial implications.
As Attorney Poku explains, navigating these policies often requires professional legal guidance to determine the most appropriate next steps under evolving U.S. immigration rules.
—
If you need help or guidance with any U.S. immigration matters, especially with these major changes, please don’t hesitate to reach out. They’re always ready to assist you. ☎️☎️+1 (802) 780 0564☎️☎️📨: hello@akpokulaw.com
