Arif Law Offices, P.C.
📧 contact@ariflawofficespc.com
📞 France: +33 1 78 96 87 34
📞 United States: +1 949 994 6100
Introduction
Recent immigration policy developments — including a new Presidential Proclamation and expanded restrictions affecting immigrant visa processing for up to 75-78 countries — have created profound changes for marriage-based petitions (I-130 family petitions, CR-1/IR-1 visas, K-1 fiancé(e) visas, and consular processing). These changes go beyond earlier travel bans and introduce new hurdles even for couples with strong, bona fide marital relationships.
Below we break down the key elements and explain what these developments mean for couples navigating the U.S. immigration system.
1. Expanded Entry and Visa Processing Restrictions: From 39 to 75+ Countries
A. Presidential Travel & Entry Restrictions
In late 2025, the U.S. government issued an expanded Presidential Proclamation that restricts or suspends entry into the United States for nationals of certain countries — now applying to 39 countries with full or partial suspension of entryfor visas including immigrant visas (the category that leads to permanent residence). These restrictions took effect January 1, 2026 and are part of national security and public safety policy.
The expanded list includes:
- Full Suspension (entry prohibited without exceptions): countries like Afghanistan, Burma (Myanmar), Burkina Faso, Chad, Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Yemen and individuals with travel documents issued by the Palestinian Authority.
- Partial Suspension: entry restrictions for certain immigrant visas and select nonimmigrant visas (e.g., B-1/B-2, F, M, J) for countries including Angola, Antigua and Barbuda, Benin, Cuba, Nigeria, Senegal, Tanzania, Zimbabwe and more.
- These bans apply only to individuals outside the U.S. on or after the effective date without a valid visa as of that date.
B. Suspension of Immigrant Visa Processing for 75 Countries
In a separate but related policy announcement in January 2026, the U.S. State Department declared that it will indefinitely suspend immigrant visa processing for citizens of up to 75 countries. The suspension — effective January 21, 2026 — pauses interview scheduling and visa issuance for immigrant categories, including family-based visas such as CR-1/IR-1 (spouse visas), for applicants from these countries.
According to reports, this list spans a broad array of countries across Africa, Asia, the Middle East, Europe, and the Caribbean — including Brazil, Russia, Pakistan, Nigeria, Somalia, Iran, Iraq, Ethiopia, Bangladesh, and many others. Exceptions may apply in limited circumstances (dual nationals with passports from unaffected countries, current permanent residents, and possibly immediate relatives of U.S. citizens in certain situations).
Some observers describe this set of restrictions — depending on how they’re counted and applied — as affecting up to 78 countries, reflecting overlapping travel bans and visa suspension lists circulating in policy analyses and reporting. This distinction arises because multiple policies (travel restrictions and visa suspensions) target overlapping but not identical lists of countries.
2. Impact on Marriage-Based Petitions
A. Marriage Petitions from Abroad (Consular Processing)
For spouses currently outside the United States:
- Immigrant visa interviews may be suspended for beneficiaries from these affected countries. Even with an approved I-130 petition, the consulate may not schedule an interview or issue a visa until restrictions are lifted.
- In some instances, once the ban applies (e.g., after January 21, 2026), consular officers must refuse immigrant visas for those nationalities even if previously approved but not yet printed.
- Some nationals from these countries may also be prevented from entering the U.S. at all if they do not hold a valid visa issued before the travel ban’s effective date.
B. Returning to the U.S. or Change of Status Within the U.S.
If a foreign-national spouse is already inside the U.S. with lawful status (e.g., tourist, student, or on a temporary work visa) and files an adjustment of status (I-485), restrictions on entry generally do not affect that internal process directly — but other policies (e.g., public charge considerations and enhanced vetting) still apply.
C. Public Charge & Heightened Vetting
The administration has also aligned visa policy with stricter interpretations of “public charge” standards. While not officially codified into a new regulation yet, consular officers and USCIS adjudicators are incorporating financial and benefit-use criteria more stringently when reviewing immigrant visa and adjustment petitions — which can indirectly affect marriage-based cases.
3. What This Means Practically for Couples
Documentation & Preparation Are More Critical Than Ever
- Strong evidence of bona fide marriage remains essential — photos, joint financials, communication records, affidavits, travel history, and more.
- Proactive planning: Gather and organize evidence early, anticipating RFEs and interview questions.
- Consular counsel: For spouses abroad from affected countries, consult your attorney before scheduling interviews or traveling outside the U.S.
Exceptions & Case-By-Case Waivers
Some limited exceptions may apply:
- Dual nationals traveling on a passport from a country not subject to the list.
- Lawful permanent residents returning to the U.S.
- Certain national interest or humanitarian categories (to be interpreted narrowly by consular officers and DHS).
4. Final Thoughts & Call to Action
The evolving nature of U.S. immigration policy — particularly around travel bans, immigrant visa processing suspensions, and enhanced vetting — means that married couples seeking to build a life together in the U.S. face an increasingly complex landscape.
At Arif Law Offices, P.C., we monitor these developments closely and are ready to assist couples in navigating both the procedural and strategic challenges ahead.
📧 contact@ariflawofficespc.com
📞 France: +33 1 78 96 87 34
📞 United States: +1 949 994 6100