US visa applicants affected by two processing pauses are still waiting for interviews and issuances despite federal court decisions striking the pauses down, according to immigration attorney Jennifer Bade.
An immigration lawyer says US visa applicants hit by pauses affecting Diversity Visa cases and immigrant visa applicants from 75 countries have seen limited progress, even after federal judges ruled against both pauses.
Court rulings have not translated into faster processing
Two US visa processing pauses that were challenged in federal court have been invalidated, but many applicants still do not appear to be seeing their cases advance at US embassies and consulates, according to immigration attorney Jennifer Bade, owner of Bade Law Group.
Bade said in a LinkedIn post that the US State Department had halted processing over the past year for two categories: Diversity Visa applicants and immigrant visa applicants from 75 countries. Both actions were challenged in federal court, and both were struck down. The State Department acknowledged the decisions and said the pauses were no longer in force, but Bade said that has not produced meaningful movement for many people awaiting visas.
A federal judge struck down the 75-country immigrant visa pause on August 21. A separate federal judge ruled against the Diversity Visa pause on August 28. Despite those decisions, Bade said scheduled interviews were cancelled for some families without explanation or a replacement date.
Jennifer Bade, immigration attorney and owner of Bade Law Group, said:
But here's the problem: Acknowledging a court order and actually following it are two different things
Applicants report cancelled interviews and few updates
According to Bade, when lawyers raised objections in court, the government argued that interviews had not been cancelled outright and would instead be rescheduled. But applicants were not being given clear timelines by consular posts, leaving cases effectively stalled.
Jennifer Bade, immigration attorney and owner of Bade Law Group, said:
Embassies weren't telling anyone when, or if, their case would move again. It just became stale
Bade said it took nearly three additional weeks after the rulings for the State Department to send formal instructions to US embassies and consulates telling them to restart processing. That guidance was issued on September 10, she said. Even after that, she added, only a small number of overseas posts had begun processing again, while most applicants still had no issued visa and no new interview appointment.
Jennifer Bade, immigration attorney and owner of Bade Law Group, said:
It took almost three more weeks for the State Department to formally instruct its embassies and consulates to resume processing. That instruction went out on September 10. Even now, most consular posts haven't shown any real movement. A handful overseas have started processing again. For most applicants, there's still no visa issued and no rescheduled interview
Diversity Visa applicants face September 30 deadline
The timing is especially significant for people selected under the Diversity Visa programme, also known as the Green Card lottery. Bade warned that the programme does not allow extra time beyond the end of the fiscal year. If a selected applicant does not receive a visa by September 30, the selection expires and cannot be carried into the next year.
Jennifer Bade, immigration attorney and owner of Bade Law Group, said:
The law does not allow any extra time. If your visa isn't issued by September 30, your selection expires. It cannot roll over to next year.
She urged people with pending immigrant visa or Diversity Visa cases affected by either pause to contact the relevant consulate directly and keep records of all communications, including emails, responses and dates.
How the Green Card lottery works
The Diversity Visa programme is an annual US immigration route for nationals of countries with historically lower levels of immigration to the United States. The programme is not intended for people from India and China, which have higher levels of immigration to the US.
Each year, the State Department runs a lottery among eligible applicants. Those selected may apply for immigrant visas, providing a path to permanent residence, if they meet all requirements. Congress has authorised up to 55,000 Diversity Visas annually, although the final number available may be lower. No country may receive more than 7% of the available visas in a fiscal year.
The State Department announced a pause in Diversity Visa issuance in December 2025. The lottery itself was not cancelled: applicants could still file applications and attend interviews, but the department said no Diversity Visas would be issued while the pause was in place. Officials said the administration was reviewing screening and vetting procedures after the Brown University shooting and the killing of an MIT professor, which they said involved someone previously admitted to the US through the Diversity Visa programme.
For travellers and would-be immigrants, the key issue is timing. Court victories may not immediately restore interview slots or visa issuance, and Diversity Visa selectees facing the September 30 expiry date have little room for delay.
Sources
