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State Department Directs U.S. Embassies to Resume Certain DV-2026 and Immigrant Visa Cases

Writer: Geofrey M. Law
Geofrey M. Law
6 days ago
4 min read

The U.S. Department of State has issued new instructions to U.S. embassies and consulates following recent federal court decisions affecting two major immigrant-visa restrictions implemented earlier this year.


The September 10, 2026 instructions are particularly important for Diversity Visa (DV-2026) applicants and nationals of the 75 countries previously subject to the State Department's immigrant-visa issuance pause.


For many affected applicants, the message is straightforward: the previous categorical visa pauses are no longer in effect, and qualifying cases must now be reconsidered under the ordinary immigration laws.


What Has Changed?

Earlier this year, the State Department implemented an immigrant-visa issuance pause affecting nationals of 75 countries. Uganda was among the countries covered by that policy.

The policy prevented many otherwise eligible applicants from receiving immigrant visas based solely on their nationality.


Following federal court litigation, that policy was vacated. The State Department's September 10 instructions now direct consular posts to identify cases that were previously refused solely because of the 75-country policy and reconsider those cases under the normal immigrant-visa process.


This does not mean that every previously refused applicant will automatically receive a visa. Applicants must still satisfy all applicable requirements and must not otherwise be inadmissible under U.S. immigration law.


What About DV-2026 Applicants?

The situation is particularly urgent for DV-2026 selectees. The Diversity Visa fiscal year ends on September 30, 2026. By law, DV-2026 visas generally must be issued by that date.


The State Department has instructed consular posts to resume ordinary processing of affected DV-2026 cases and to prioritize certain applicants whose interviews had been scheduled or rescheduled between August 23 and September 30, 2026.


Posts have also been instructed to reconsider DV cases previously refused solely because of the former visa pauses.


For applicants who have been waiting for months, this could provide an important opportunity for their cases to move forward. But the remaining timeframe is extremely short.


Applicants May Need Updated Documents

Because many affected cases have been delayed, applicants should be prepared for the possibility that the embassy will request:


  • an updated medical examination;

  • current civil documents;

  • additional evidence;

  • a new interview; or

  • other information necessary to complete adjudication.


Applicants should respond promptly to any communication from the consular post. A prior refusal based solely on one of the now-vacated policies should not be treated as the end of the case.


The Visa Pause Was Removed — But Other Immigration Requirements Remain

It is important not to misunderstand the State Department's announcement. The end of the 75-country pause does not eliminate the ordinary requirements for an immigrant visa.


Applicants may still encounter issues involving:


  • criminal or immigration history;

  • fraud or misrepresentation;

  • unlawful presence;

  • public-charge concerns;

  • medical inadmissibility;

  • security-related issues;

  • insufficient documentation; or

  • other grounds of inadmissibility.


In other words, the government can no longer rely on the former categorical visa pause as the basis for refusing an otherwise eligible applicant, but it may still apply the ordinary provisions of U.S. immigration law.


What Should Affected Applicants Do?

If your immigrant-visa case was affected by either of these policies, consider taking the following steps:


1. Determine why your visa was refused or delayed.The distinction between a refusal based solely on the former policy and a refusal based on an independent ground of inadmissibility is critical.

2. Monitor communications from the embassy or consulate.You may be asked to submit updated documents or attend another interview.

3. Check your medical examination.A medical examination completed months ago may no longer be sufficient if the case has been delayed.

4. DV-2026 applicants should act immediately.With the September 30 fiscal-year deadline approaching, there is very little time to resolve outstanding issues.

5. Seek legal advice if the case involves a separate inadmissibility issue.Removal of the visa pause does not resolve an independent immigration or inadmissibility problem.


What This Means for Ugandan Applicants

For Ugandan nationals, the September 10 instructions are particularly significant because Uganda was among the countries affected by the former 75-country immigrant-visa pause.


A Ugandan applicant whose immigrant visa was refused solely because of that policy should understand that the policy itself is no longer a valid basis for refusal.


However, applicants should not assume that visa issuance is automatic. The case must still satisfy the applicable immigration and consular requirements.


For DV-2026 selectees, the urgency is even greater because the fiscal year ends on September 30, 2026.


The Bottom Line

The State Department's September 10 instructions mark an important change for immigrant-visa applicants affected by the 2026 visa pauses.


The 75-country immigrant-visa pause is no longer in effect. Affected cases must be reconsidered under the ordinary immigration laws.


For DV-2026 applicants, however, the clock is running. The September 30 fiscal-year deadline leaves very little time for interviews, document requests, medical examinations, and final visa issuance.


If your immigrant-visa case was delayed or refused because of either of these policies, it is important to determine what happened to your case and what, if anything, remains outstanding rather than assuming that the case is either automatically approved or permanently closed.


Disclaimer: his article is provided for general informational purposes and does not constitute legal advice. Immigration laws, policies, and litigation developments can change rapidly. Individual cases require a case-specific legal assessment.


Trusted counsel for complex immigration matters? Schedule a confidential consultation with our office to discuss your case.

 
 
 

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5 days ago
Rated 5 out of 5 stars.

Great informative article. Thank you!

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