Travel Ban Update 2026: Waivers, Court Orders & Visa Processing Changes

Background

In December 2025, the Trump administration expanded the travel ban to cover 38 countries with full or partial entry restrictions, narrowed the family exemptions that had existed under earlier versions, and added new categories of restricted visa types.

For a full breakdown of the original country list and how categories work, see our earlier articles: "Travel Ban June 2025" and "Travel Ban Expansion December 2025."

What Changed in 2026

Court Challenges Continue

As of spring 2026, the travel ban remains the subject of active litigation:

• 4th Circuit Court of Appeals issued a preliminary injunction in February 2026 temporarily blocking enforcement against immediate relatives of U.S. citizens from two "partial suspension" countries
• 9th Circuit upheld a lower court injunction protecting certain F-1 student visa holders from three full-suspension countries
• Supreme Court declined emergency review in March 2026, allowing lower court injunctions to remain in place pending full appeal

Because court orders change frequently, the practical effect of the ban varies week to week. Always check the State Department's country-specific travel advisories and the latest court orders before advising any client.

Waiver Processing: New Guidance

The State Department issued a cable to consular posts in January 2026 providing updated waiver adjudication guidance. Key points:

• Waivers remain available but are rarely granted
• Applicants must demonstrate: (1) denial would cause undue hardship, (2) travel is in the national interest or would not pose a security threat
• Processing times for waivers: 90–180+ days
• No guaranteed pathway — waiver denial cannot be appealed

Which Countries Face Which Restrictions (As of April 2026)

Category	Restrictions
Full suspension	Most immigrant & nonimmigrant visas blocked (except limited categories)
Partial suspension	Immigrant visas blocked; most nonimmigrant categories restricted
Enhanced screening	No visa ban but significantly longer processing times

Exact country lists change with court orders. Check travel.state.gov and uscis.gov for current status.

Impact on Pending Cases

USCIS placed administrative holds on many pending applications from restricted countries:

• I-130 family petitions: May be approved but visa issuance blocked at consulate
• Adjustment of status (I-485): Cases being adjudicated but final approval may be held
• Employment-based petitions: Affected where beneficiary is from restricted country

What Consultants Can and Cannot Do

You CAN:

• Inform clients that a travel ban exists and direct them to official State Department resources
• Help clients identify whether their country appears on current restriction lists
• Encourage affected clients to seek immediate attorney consultation

You CANNOT:

• Advise whether a client qualifies for a waiver
• Assess how court orders affect a specific client's pending case
• Prepare waiver requests or supporting documentation
• Advise on whether to travel, adjust status, or pursue consular processing

Every client from a travel ban-affected country is an immediate attorney referral. No exceptions.

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Sources: State Department travel.state.gov, USCIS.gov, court filings from 4th and 9th Circuit Courts of Appeals. Status as of April 2026.