On 14 January 2026, the U.S. State Department announced that it will suspend issuing immigrant visas.  The visa suspension applies to applications filed by citizens from 75 nations.  Consulates will stop issuing immigrant visas due to a concern that citizens from these nations will need public assistance.

For context, foreign nationals file immigrant visa applications (DS-260 Form) in family, employment, and other cases.  For example, a person may file an immigrant visa application after USCIS approves a family member’s I-130 Petition. During the process, immigrant visa applicants attend interviews at U.S. consulates.  Following the consulate issuing an immigrant visa, the applicant travels to America.  At a checkpoint, Customs and Border Protection (“CBP”) will admit the applicant into the U.S. as a permanent resident.

The I-864 Affidavit’s Role in Immigrant Visa Processing

During the family-based immigrant visa process, families file the I-864 Affidavit. This Affidavit allows the consulate to analyze the sponsor’s employment, wages, and assets.  When reviewing the I-864 Affidavit, the consulate determines if visa refusal becomes necessary due to public charge inadmissibility.   

Regarding the State Department’s January 14th announcement, a blanket refusal to issue visas for public charge concerns extends family separations.  First, the State Department’s decision does not reflect sound logic since Congress did not recently amend 8 U.S.C. 1182(a)(4), the public charge subsection.  Second, during the visa application process, filing an I-864 Affidavit allows staff to analyze each family’s financial situation.  No family possesses the same financial profile for public charge review purposes. Thus, a blanket refusal to issue immigrant visas (requested by citizens from 75 nations) does not reflect a rational method to screen each family’s finances. Considering the litigation against the Trump Administration’s endeavors, hopefully a federal court will enjoin this broad refusal to issue visas. To the families impacted by this harsh development, hang in there and do not give up hope.