Federal judges struck down two separate US visa processing pauses in late August, yet applicants from 75 countries and Diversity Visa (DV) selectees are still stuck in limbo. Jennifer Bade, an immigration attorney and owner of Bade Law Group, says the gap between legal rulings and embassy reality is widening. A judge on August 21 voided the 75-country immigrant visa pause, and a second judge on August 28 ruled against the DV pause. The State Department acknowledged both rulings, claiming the pauses were no longer in effect. But on the ground, nothing has moved.
Bade points to a bureaucratic loophole that allows the government to claim interviews are merely "rescheduled" rather than canceled, leaving families without dates or explanations. "Embassies weren't telling anyone when, or if, their case would move again. It just became stale," she said. It took until September 10 for the State Department to formally instruct its embassies to resume processing. Even now, only a handful of overseas posts have restarted work. For the majority of applicants, there is no visa and no interview date.
The situation is dire for DV selectees. Congress authorizes up to 55,000 DV visas annually, with a cap of 7% per country. If a selectee’s visa is not issued by September 30, their selection expires. It does not roll over to the next year. Bade urged affected individuals to document every email and interaction with consulates immediately. The State Department originally paused DV issuance in December 2025, citing security reviews following the Brown University shooting and an MIT professor’s killing, incidents linked to individuals who had entered via the DV program.
The next 20 days are critical. Applicants with pending cases must push consulates for immediate action before the September 30 cutoff. No further administrative delay can save a selectee’s eligibility once that date passes. The State Department has not provided a timeline for clearing the backlog at the 75 suspended posts.