Last Updated on February 23, 2023
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.
___________________________________________________________________________________________________
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.
