Court order fails to end visa delays for immigrants abroad

Thousands of immigrants remain abroad waiting for immigrant visas even after a federal court order lifted a ban on processing their cases, according to a report published by NPR on October 26, 2026. The visa delays continue because the State Department paused much of its processing while it introduced new screening and training, and attorneys for migrants say the practical effect for many families is little changed. A federal judge ordered the ban lifted in August, but families say interviews have not been completed, visa stamps have not been issued, and travel to the United States remains out of reach.

The ban took effect in January, when the Trump administration stopped processing immigrant visas for citizens of 75 countries. Many of the people affected were already part of the process. Some had visas approved and were waiting only for the physical visa to be delivered. The visa delays affected more than 280,000 people seeking immigrant visas who had applied by the time the policy took effect, according to the NPR report. An analysis by the Cato Institute said the ban targeted thousands of close family members of United States citizens and permanent residents, including spouses and minor children, and described it as one of the most extreme legal immigration policies in United States history.

Why visa delays continue after the court order

Dustin Hoffman and his wife Gloria started paperwork late last year to secure a visa for her to live in the United States. Hoffman moved to Argentina in 2013 after a deployment with the United States Army in Iraq. He lives there with Gloria, their five year old daughter Chaya and his 12 year old stepson Israel. Nearly a year later, the family remains in Argentina while the case moves slowly. Gloria is from Colombia, one of the countries on the list, and the State Department continues to ask for more evidence that the family has the financial means to live in the United States without becoming a public charge. Hoffman told NPR that his daughter cries often and asks for her father, and that his wife is overwhelmed by the separation.

Attorneys representing migrants say the Hoffman case shows a wider pattern. Alexis Axelrad, the president elect of the American Immigration Lawyers Association, told NPR that the ban no longer exists in formal terms, but that fact matters little in practice if people cannot get green card interviews, finish interviews or receive immigrant visa stamps. The State Department declined to comment for the report, telling NPR that the matter is subject to pending litigation. On its website, the State Department acknowledges that the visa ban is no longer in effect because of the court ruling.

New screening adds further visa delays for applicants

The agency told NPR in August that it had paused visa processing while it launched a training program for embassies and consulates on identifying immigrants who could become a burden on taxpayers, a test known as the public charge test. That pause means even immigrants with visas approved must go through further screening. A former State Department consular officer, who asked not to be identified because she feared it could affect her job prospects, told NPR she had never seen a substantial pause on visa processing of this kind. She said the department was acting on policy from the president to reduce illegal immigration, remove people and accept only refugees from South Africa.

The delays have also affected immigrants in high skilled categories. Dr. Fernando Lizcano, a Colombian national whose research focuses on major cardiovascular health challenges in the United States, including obesity, applied for an EB-1A visa, a category reserved for immigrants of extraordinary ability, including an outstanding professor or researcher, according to United States Citizenship and Immigration Services. The agency deemed him qualified for the EB-1A category, and all that remained was to apply for the visa itself and have it stamped in his passport. He remains in Colombia awaiting final approval from the State Department, and he told NPR that the wait is not fair. Hoffman, who works as an Uber driver, said he is struggling to pay both his mortgage in the United States and rent in Argentina for his family, and that his doctors have increased his psychiatric medicines since the separation began. For both families, the court order removed a formal barrier, but the visa delays have kept the outcome they sought out of reach.