AfghanEvac Says US Court Ruling Does Not Reopen Entry for Afghan Applicants

"VAN" (International Desk - 23.08.2026) :: AfghanEvac, a leading advocacy organization for Afghan refugees and US wartime allies, has warned that a federal court ruling overturning the Trump administration’s immigrant visa suspension for 75 countries does not automatically reopen the pathway to the United States for Afghan applicants.

The organization urged Afghans not to make travel plans, visit US embassies or consulates, or rely on media reports until official guidance is issued by the US State Department. The warning follows a decision by US District Judge Jeannette Vargas in New York, who struck down a policy introduced in January by Secretary of State Marco Rubio that suspended immigrant visa processing for citizens of 75 countries, including Afghanistan. Judge Vargas ruled that the policy exceeded the State Department’s legal authority and conflicted with the Immigration and Nationality Act by requiring consular officers to deny immigrant visas based solely on an applicant’s nationality rather than an individual eligibility assessment. The ruling invalidates the visa suspension policy and denials issued solely under that policy, but it does not automatically restart visa processing or authorize travel for affected applicants. Shawn VanDiver, founder and president of AfghanEvac, said the hopes raised by the court ruling are understandable, but stressed that individual immigration cases have not changed automatically. “Nothing in your case has automatically changed,” VanDiver said. He urged Afghan applicants not to schedule travel, attend unscheduled embassy interviews, or treat news reports as official instructions. AfghanEvac also warned families against fraud, advising them not to share personal information or pay anyone claiming that US immigration pathways have immediately reopened. AfghanEvac has called on the US State Department to issue clear instructions to embassies and diplomatic missions worldwide explaining how the ruling should be implemented and to review cases that were denied or affected under the now-vacated policy. The organization also urged the Trump administration to restore entry exemptions for Afghan Special Immigrant Visa (SIV) holders, saying thousands of Afghan allies who worked with the United States remain in legal uncertainty. AfghanEvac emphasized that the court ruling addresses immigrant visa processing only. Separate executive restrictions suspending the entry of nationals from several countries, including Afghanistan, remain in force.
Cr-KP

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