Temporary Pause in Immigrant Visa Issuance: What Has Changed and What Remains in Place
- Piquet Law Firm
- Jan 20
- 2 min read
In recent weeks, news regarding an alleged suspension of U.S. visas for Brazilian nationals has raised concerns among individuals who are currently in the immigration process or considering initiating a visa application to the United States.
As is often the case with immigration-related matters, part of the information circulated in a fragmented manner, creating the impression that visas had been broadly suspended. The reality, however, is more specific and limited than it may appear.
What happened?
The United States government announced a temporary administrative pause in the consular issuance of immigrant visas for citizens of a specific list of countries, including Brazil. This pause is related to an administrative review of the application of the rule known as public charge, which involves criteria related to the immigrant’s financial self-sufficiency.
Key points regarding this measure:
It is a temporary administrative pause
It does not represent a cancellation of cases
It does not result in automatic visa denials
It is not a general immigration ban
🛑 What is currently paused
At this time, only one specific stage of the process has been affected:
The final issuance of immigrant visas at U.S. consulates outside the United States
This means that even after a consular interview, the visa may not be issued immediately while the administrative review is ongoing. This pause does not interfere with the merits-based analysis of the case.
✅ What continues to operate normally
Despite this limited pause, most of the immigration system continues to function normally:
Immigration petitions continue to be accepted
Case adjudications are ongoing
The National Visa Center continues processing cases
Consular interviews continue to be scheduled and conducted
In addition, several visa categories are not affected by this measure:
Nonimmigrant visas, such as tourism, study, and temporary work visas
Visas that have already been issued are not being canceled
Adjustment of Status applications within the United States continue normally
Green cards continue to be issued
Dual nationals using a passport from a country not on the list are not impacted
This has happened before
This type of administrative adjustment is not unprecedented. Similar measures were adopted in the past, including during the pandemic, while the government reviewed internal policies. After those periods, visa issuance resumed normally, without prejudice to cases already in progress. Interpreting this pause as a definitive freeze on immigration does not reflect the reality of the system.
Information and planning make the difference
During periods of administrative adjustment, clarity and planning are essential. Decisions made based on fear or misinformation can lead to unnecessary delays or flawed strategic choices.
Each immigration case is unique and should be evaluated based on:
Visa category
Location where the process is being conducted
Immigration strategy aligned with the applicant’s profile
Short-, medium-, and long-term planning
Next steps
If you are currently in the immigration process, considering starting a visa application, or simply want to understand how this scenario may impact your specific case, the most important step is obtaining accurate guidance.
Each immigration strategy is different, and decisions made without an individualized analysis may result in unnecessary delays or costs.