The first green card applicants have obtained visas and crossed the US border despite the administrative pause. However, the Trump administration is challenging the court’s decision to lift the pause, which could slow down visa issuance for others.

Who got a visa

Some people who have been waiting for the administrative pause to be lifted have finally received the long-awaited consular interview approval. Visas have already been affixed to their passports. Among them are two types of applicants: those who participated in a class action lawsuit against the government and those who did not. The precedent that the process works has already been confirmed by several successful cases.

Why interviews are halted again

An American court has ruled the administrative pause unlawful, determining that it exceeds the authority of the immigration service and the official who declared it. Only Congress can impose such a ban on program operations. However, the Trump administration has filed a motion to stay the court’s decision pending resolution of its appeal.

When the rest will get their turn

The process will likely be delayed due to the legal dispute. But here’s an important point: the American bureaucratic apparatus still complies with court decisions. Once the court makes a final ruling, the mechanisms for resuming visa issuance will begin operating. Congress does not plan to terminate the green card program, so there will be no legal barriers to its resumption.

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Why we can be optimistic

The American court has already taken a firm position in a large number of lawsuits: the administrative pause is unlawful both with respect to specific individuals and generally regarding the authority to declare it. The first successful visas confirm that the court’s decision has not gone without result and people are actually beginning to leave.