Federal Judge Orders Visa Processing to Continue During Travel Bans

October 8, 2021 Anne Walsh

A federal judge has ruled that the State Department must continue processing visas for eligible travelers while COVID-related travel bans are in effect.  

Overview 

On October 5 in Kinsley v. Blinken, a federal judge ruled that the State Department may not use the COVID-related travel bans as a reason to stop issuing visas for individuals who are otherwise eligible. The State Department in practice has suspended issuing visas for persons who are not granted an exception to the travel bans put in place by Presidents Trump and Biden.  That practice must now change based on the outcome of the lawsuit filed by a coalition of immigration law firms and individuals who successfully argued that the COVID-19 travel bans do not equate to a “visa ban.”  

Looking Ahead  

Details on how the State Department must proceed are not yet released. While the resumption of visa processing by the State Department will bring relief to many travelers, a backlog is expected and the timeline of visa receipt is not known. This judgement aligns with the expectation that the COVID-19 travel bans will be replaced by vaccination requirements, thereby also requiring the State Department to issue visa stamps to those eligible.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with  Anne Walsh, who is a Partner at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").       

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.  

About the Author

Anne is a Partner with Global Immigration Associates. In this role, she provides counsel for companies ranging from startups to Fortune 500 corporations and their foreign national employees. Anne’s practice focuses on obtaining visas and employment-based green cards in all categories; immigration compliance arising from corporate changes, such as reorganizations and restructuring; and office relocations and company immigration policies and best practices. She also has extensive experience preparing and reviewing business immigration filings, requests for further evidence and appeals, and in researching and analyzing immigration statutes, policy and procedure. Anne works with clients in several industries, including software, cloud technology, manufacturing and electronics. In addition to her employment-based practice, Anne provides counsel for individuals pursuing visas and green cards through family relationships.

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