ISLAMABAD: A federal lawsuit has been filed by civil rights organisations and United States citizens has injected fresh hope among thousands of Pakistani families and aspiring immigrants affected by the United States Department of State’s sweeping pause on immigrant visa issuances.
The policy, effective from January 21 2026, halts green card approvals for nationals of 75 countries including Pakistan citing concerns over potential public charge reliance on American welfare systems. The legal challenge argues the measure unlawfully discriminates on nationality grounds and bypasses established immigration procedures.The suspension announced on January 14 2026 targets immigrant visas exclusively those leading to permanent residency while leaving nonimmigrant categories such as tourist student and work visas untouched.
Pakistan features prominently on the list alongside nations like Afghanistan Bangladesh Egypt Haiti Iran Iraq Nigeria Somalia Syria and Yemen among others spanning Africa Asia Latin America and the Caribbean. Official guidance from the State Department emphasises a review of screening processes to ensure self-sufficiency preventing immigrants from becoming financial burdens.Applicants from affected countries including Pakistanis can still submit petitions schedule consular interviews and complete required documentation during the pause.
However no immigrant visas are being issued until the review concludes creating prolonged uncertainty for family reunification cases employment-based green card holders and diversity visa winners. The US Embassy in Islamabad has confirmed the policy applies uniformly to Pakistani nationals reinforcing that only nonimmigrant processing continues normally.The lawsuit lodged in the US District Court for the Southern District of New York names the Department of State and Secretary Marco Rubio as defendants. Plaintiffs comprising groups like the National Immigration Law Center Democracy Forward The Legal Aid Society and others contend the blanket suspension eviscerates decades of settled law by imposing nationality-based restrictions without individual assessments.
They highlight cases of US citizens separated from spouses children and elderly parents solely due to country of origin.Critics including immigrant advocacy networks assert the public charge rationale lacks empirical support for such a broad categorical approach. Data from prior administrations showed public charge inadmissibility determinations relied on totality-of-circumstances evaluations considering age health education assets and skills rather than nationality alone. The current policy presumes higher risk for listed countries prompting accusations of discrimination against non-European majority populations.
Pakistan has actively engaged diplomatically on the issue with parliamentary delegations urging Washington to reconsider Pakistan’s inclusion and ease restrictions. Officials emphasise people-to-people ties economic contributions from the Pakistani diaspora and bilateral relations arguing the measure disproportionately harms legitimate applicants who meet all criteria. No formal response from the US side has indicated removal of Pakistan from the list as of mid-February 2026.
The pause stems from broader Trump administration priorities on immigration enforcement focusing on financial self-sufficiency. A State Department cable reportedly expanded public charge considerations including health conditions of family members and English proficiency though the suspension overrides case-by-case reviews for the designated 75 nations. Dual nationals holding passports from unaffected countries remain exempt offering a narrow pathway for some.As the litigation progresses observers anticipate motions for preliminary injunctions that could temporarily halt enforcement pending full hearings. Similar past challenges to travel bans succeeded in securing relief highlighting judicial scrutiny of executive overreach in immigration matters.
For now the indefinite nature of the pause leaves many Pakistanis in limbo with approved petitions stalled at the visa issuance stage.Affected individuals are advised to monitor official channels including travel.state.gov and pk.usembassy.gov for any updates while consulting qualified immigration attorneys. The outcome of this lawsuit could determine whether processing resumes swiftly or faces prolonged delays reshaping prospects for family-based and skilled migration from Pakistan and the other listed countries.