Travel Ban/Case Pause 2026: Can I Still Apply for a Green Card Through My U.S. Citizen Spouse in the United States?
If you are a national of one of the countries affected by the expanded travel ban and immigration benefit application hold and you are married to a U.S. citizen, you are likely experiencing a level of uncertainty and anxiety that is difficult to put into words. You followed the rules, you filed the proper paperwork (or you are planning to), and now you are being told that your case may be on hold indefinitely. The questions are understandable: Can I still apply for a green card? Will my case be processed? What options do I have?
This post will walk through what the expanded travel ban and the accompanying USCIS adjudication hold mean for family-based immigration cases, what exceptions exist, and what steps affected families should consider taking right now. It is important to note at the outset that this is a rapidly evolving area of law and policy. What is described here reflects the policy landscape as of early 2026, and the situation could change based on new executive actions, court orders, or USCIS guidance.
What Is the Expanded Travel Ban and Which Countries Are Affected?
On January 1, 2026, USCIS issued a Policy Memorandum expanding guidance on the December 2, 2025 memo which originally placed restrictions on citizens of countries from which travel is banned. The December 2025 memo originally applied to a smaller set of 19 countries, however, the January memo expanded the list to a total of 39 countries. Pursuant to the January memo, USCIS personnel were instructed, in part, to place all benefit request applications on hold for anyone who holds citizenship, was born in, or has citizenship by investment in the following countries:
Afghanistan,
Angola,
Antigua and Barbuda,
Benin,
Burkina Faso,
Burma (Myanmar),
Burundi,
Chad,
Cote d’Ivoire,
Cuba,
Equatorial Guinea,
Eritrea,
Gabon,
Gambia,
Haiti
Iran,
Laos,
Libya,
Malawi,
Mali,
Mauritania,
Niger,
Nigeria,
North Korea,
Palestinian Authority
Republic of Congo
Senegal,
Sierra Leone,
Somalia,
South Sudan,
Sudan,
Syria,
Tanzania,
Togo,
Tonga,
Venezuela,
Yemen,
Zambia, and
Zimbabwe
The stated purpose of the proclamation is to place a hold on all pending benefit applications, conduct a comprehensive review of all policies, procedures and screening and vetting procedures for benefit requests for aliens from the above list countries, and conduct a comprehensive re-review of approved benefit requests (after January 20, 2021) for citizens of countries listed above.
How the USCIS Adjudication Hold Affects Pending Green Card Applications
The application hold applies to a wide range of immigration benefits, including adjustment of status applications (Form I-485), removal of conditions petitions (Form I-751), naturalization applications (Form N-400), employment authorization applications (Form I-765), and travel document applications (Form I-131). The hold applies regardless of when you entered the United States and regardless of how long you have been living here legally.
It is important to understand what the "hold" means in practice. The policy memorandum clarifies that an adjudicative hold allows a case to continue processing up to the final adjudication. This means USCIS can still issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). What USCIS cannot do under the hold is issue a final decision, such as an approval, denial, or dismissal. In practical terms, your case is in a state of limbo. It is not being denied, but it is not being approved either.
Are There Any Exceptions to the Adjudication Hold?
Yes, the January 1, 2026 policy memorandum identifies a limited number of exceptions. Applications that are exempt from the adjudication hold include:
Form I-90 (Application to Renew or Replace a Permanent Resident Card),
Form N-565 (Application for Replacement Naturalization/Citizenship Document),
Form N-600 (Application for Certificate of Citizenship), with the exception of applicants from Yemen and Somalia, who are excluded from the N-600 exception due to country-specific security and documentary concerns,
Form I-765, Application for Employment Authorization filed under the categories (c)(8) (for pending Asylum applicants), limited (c)(11) (applicants granted parole for urgent humanitarian reasons), and limited (c)(14) (individuals granted deferred action),
Additionally, the hold does not apply to athletes or members of athletic teams participating in major sporting events such as the Olympics or World Cup, or to certain benefit requests that are specifically prioritized by law enforcement for public safety reasons. Cases that serve the U.S. national interest may also be exempted on a case-by-case basis, though the standard for establishing a national interest exemption is high and the process for requesting one is not clearly defined.
For the vast majority of family-based immigration applicants from affected countries, however, these exceptions will not apply. If you have a pending I-485 adjustment of status application or a pending I-130 petition, your case is subject to the hold.
Can You Still File a New Green Card Application?
Yes, you can still file new applications with USCIS. The adjudication hold does not prevent you from submitting a new I-130 petition, I-485 adjustment of status application, or any other immigration benefit request. USCIS will accept the filing, collect the fees, and begin processing the case. However, the case will be subject to the same hold once it reaches the point of final adjudication.
There are strategic reasons why filing now, even during the hold, may still be advisable. Filing establishes a priority date, preserves your place in the processing queue, and ensures that your case is ready to be adjudicated if and when the hold is lifted. If you wait until the hold is lifted to file, you will be starting from scratch and will be behind everyone who filed during the hold period. That said, filing during the hold also means paying government fees for an application that may sit without a final decision for an unknown period of time. This is a decision that should be made on a case-by-case basis with the guidance of an experienced immigration attorney who can evaluate the specific circumstances of your situation.
What Should Affected Families Do Right Now?
The situation is undoubtedly challenging, but there are steps you can take to protect your case and your family. First, consult with an immigration attorney as soon as possible. The intersection of the travel ban, the adjudication hold, and existing immigration law creates a complex web of issues that require individualized analysis. An attorney can help you understand how the policies apply to your specific case and what options are available.
Second, if you have any pending applications with USCIS, continue to respond to all RFEs and NOIDs within the required deadlines. The fact that your case is on hold does not mean that USCIS has stopped processing it entirely. Failing to respond to an RFE could result in a denial, hold or no hold.
Third, if you have work authorization, monitor your expiration date and understand that at the moment you will not be able to renew your EAD, so you should prepare for gaps in employment.
Fourth, avoid international travel if you are in the United States and your country is on the affected list. Leaving the country could create reentry issues, particularly if your advance parole or other travel documents are subject to the hold. Consult with an attorney before making any travel decisions.
Fifth, keep copies of all your immigration documents, approval notices, interview notices, and supporting evidence in a safe and accessible place. If your case is selected for re-review, having your documentation readily available will be essential.
The Path Forward for Families Affected by the Travel Ban
The expanded travel ban and the accompanying USCIS adjudication hold represents one of the most significant disruptions to legal immigration in recent memory. For families who are simply trying to be together, the uncertainty can feel overwhelming. But it is important to remember that the legal pathways to permanent residence through marriage to a U.S. citizen have not been eliminated. They have been paused and complicated, but they still exist. The families who will be best positioned when the hold is eventually lifted, whether through policy change, court order, or the natural conclusion of the review period, are the ones who use this time to prepare thoroughly, maintain their documentation, and stay in close contact with experienced legal counsel.
Affected by the Travel Ban? Let Us Help You Navigate Your Options.
If you or your spouse are a national of a country affected by the expanded travel ban and you are looking to file a family-based immigration case, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online. We are closely monitoring the developments in this area and are here to help you understand your options.
Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.
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