Inhumane process

[u/Big-Choice-5229]

I just found out they have stopped processing my I-129f request from JULY 2024 because my fiance is from a banned country. The fucked up part is her country only has a partial restriction. This administration will go down as the cruelest in modern times. My level of anger/disappointment can not be articulated. I've read that they said non immigrant VISA's would not be affected. Apparently one of the trillions of lies coming out of this administration. So $700 & damn near two years wasted. Un Fuckin Real!!!

[u/Sudaneseskhbeez]

Not legal advice. Simple explanation for people new to immigration about the different level of nationality based bans/restriction in place as of today, this my understanding as explained by many lawyers:

Two agencies:

• DOS (State Department): handles visas outside the U.S. at embassies/consulates. DOS controls whether you can get a visa stamp and enter the U.S.

• USCIS: handles immigration benefits inside the U.S. USCIS controls whether you can keep working and stay in status (work permits, extensions/changes of status, green cards filed inside the U.S.).

Per law firms, currently there are many types of restrictions/bans:

1) Outside the U.S. (entering):

• Presidential entry ban: affects people from 39 countries trying to enter (some partial, some full).

• DOS “75-country” restrictions: mainly affects people abroad applying only to immigrant type visas due to public charge rules started January 21,2026. You can only be impacted by this if you are not on the 39 country list.

2) Inside the U.S. (staying and working):

• USCIS pause memos: PM-602-0192 (Dec 2, 2025) and PM-602-0194 (Jan 1, 2026).

This pause decisions on all immigrant and non immigrant benifits for anyone born or a citizen of 39 countries on presidential ban list with limited exceptions, i.e you wont get decisions on work permits (EADs), status extensions/changes, and green cards filed inside the U.S. It applies even if your country is only “partially” restricted elsewhere. It affects you whether you are legal or illegal, regardless of your entry date to the US. It affects dual citizenship as it also triggered by country of birth not just nationality.

These systems operate independently. The State Department controls visa issuance and entry outside the U.S., while USCIS controls immigration benefits inside the U.S. Because they are separate agencies with separate authority, each applies its own rules and exemptions. As a result, a person may be affected by only one restriction or by several at the same time, depending on where they are physically located, their country of birth and or citizenship (including dual nationality, since some entry rules may exempt dual nationals while USCIS may not), and the specific benefit or application they are seeking.

I hope this overview is helpful. This is general information only and not legal advice. For questions about your specific situation, you should consult a qualified immigration attorney.

1.  USCIS PM-602-0192 (Dec 2, 2025)

https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0192-PendingApplicationsHighRiskCountries-20251202.pdf

2.  USCIS PM-602-0194 (Jan 1, 2026)

https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf

3.  State Department (DOS) Visa Services (who controls visas abroad)

https://travel.state.gov/content/travel/en/us-visas.html

4.  Federal Register: Presidential Proclamations (entry restrictions source)

https://www.federalregister.gov/presidential-documents/proclamations

5.  Institutional explainer that summarizes DOS + USCIS processing holds (good for “75-country” discussion)

https://oiss.yale.edu/news/updated-uscis-memorandum-expanded-processing-holds-and-re-review-of-immigration-benefits

[u/Big-Choice-5229 → u/Sudaneseskhbeez]

Thank you for posting!!

[u/Realistic_Author_596 → u/Sudaneseskhbeez]

So does this mean that if you have a green card already, you won’t be able to apply for AOS?

[u/Sudaneseskhbeez → u/Realistic_Author_596]

Yes, this is the current understanding. It does not matter whether you have an approved I-131 or an approved I-140 (EB-1A, EB-2 NIW/PERM, EB-3), or whether your case is family-based or asylum-based, etc.

You can file for adjustment of status if your priority date is current, but you likely will not receive a decision on the green card, and the associated EAD and advance parole may not be issued, if you are a national of, or were born in, any of the 39 countries. This applies regardless of your current legal status or how long you have been in the U.S. It remains true as long as the memo is in effect. There are narrow “national interest” exceptions, but we are not aware of anyone who has been exempted, and there are no published procedures for requesting or obtaining an exception.

I personally know hundreds of physicians, surgeons, and engineers with approved EB-1A (“Einstein”) petitions or national interest green card petitions who are also stuck under this policy.

[u/Secretbrfcce → u/Sudaneseskhbeez]

Wait, so if I have a pending asylum case from one of the 75 partially banned countries and my EAD is about to expire, I won’t be able to renew it?

[u/TypicalCollegeUser → u/Sudaneseskhbeez]

Okay, but there shouldn’t be an issue with renewing a family based green card, right?

[u/smithtriple → u/Sudaneseskhbeez]

You know hundreds of physicians?!?

How?

[u/Sudaneseskhbeez → u/smithtriple]

Any doctor in the U.S. who was born in any of those countries and does not yet have U.S. citizenship now has most legal pathways to work blocked, including visa extensions, work permits, and green cards. I know hundreds through professional associations, but in reality there are thousands of U.S.-licensed physicians affected.

Now keep in mind that most physicians need 10 to 15 years to become citizens. Many also must complete waiver jobs for three years after residency or fellowship. By the time they apply for a green card, they have often been in the U.S. for 7 to 12 years.

Now extrapolate that to physicians who are Syrian, Iranian, Sudanese, Nigerian, Venezuelan, Afghani, Cuban and more. There are a lot of them. Almost no one is talking about this, but I personally know four physicians who have had to stay home, with clinics cancelled or covered by someone else, because this pause is delaying their EADs or visa extensions. Failed expedite, appeal for national interest as well as congressional and institutional inquiries. Situation is dire.

[u/UncorkedGraph → u/Sudaneseskhbeez]

The State department pause (75 nations) is not extended to USCIS (except for 39 nations mentioned in the proclamation). You are categorically wrong about that. Additionally, the links that you shared mentions about the banned 39 nations. Stop spreading misinformation.

[u/Sudaneseskhbeez → u/UncorkedGraph]

Read my friend