U.S. State Department and USCIS Pauses the issuances of Diversity Visa and final adjudications of Adjustment of Status applications

Washington, D.C. USCIS has issued an internal memorandum directing USCIS personnel to a) place a hold on all pending adjustment of status, ancillary benefits, and associated waiver applications for those who are applying to adjust to lawful permanent resident status under the Diversity Immigrant Visa (DV) Program pending a comprehensive review; b) Conduct a comprehensive review of all policies, procedures, and screening and vetting processes for adjustment of status, ancillary benefits, and associated waiver applications by aliens seeking adjustment of status under the DV Program.

Similarly, the U.S. Department of State has issued a news release annoucing the pause of all visa issuances to diversity immigrant visa applicants.

These pauses are based on President Trump’s Executive Order 14161 of January 20, 2025 titled as Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats.

USCIS will conduct a thorough review on a case-by-case basis to assess benefit eligibility, including whether:

1. The alien is listed in the Terrorist Screening Dataset (TSDS) as a Known or Suspected Terrorist (KST) under Tier 1 or Tier 2 classifications or is included in Tier 3 or Tier 4 of the TSDS with significant derogatory information related to the alien.
2. The alien is connected to prior, current, or planned involvement in, or association with, an activity, individual, or organization described in sections 212(a)(3)(A), (B), or (F), or 237(a)(4)(A) or (B) of the Immigration and Nationality Act (INA).
3. The alien is linked to prior, current, or planned involvement in, or association with, an activity, individual, or organization that may pose a risk of serious harm or danger to the community, typically, though not exclusively, due to criminal conduct described in INA 101(a)(43), 212(a)(1)(A)(iii), 212(a)(2), 237(a)(2), or 237(a)(4)(A)(ii), or related classified information exists.
4. The alien is unable to establish his or her identity.

Implementation of the DHS Secretary’s order will result in delay to the adjudication of some pending applications. DHS claims it has weighed that consequence against the urgent need for the agency to further ensure that applicants are vetted and screened to the maximum degree possible.

FAQs – Updated Diversity Visa (DV) Guidance from the US Department of State

Why are diversity visa issuances being paused?
The Department of State is committed to ensuring that its visa process upholds the highest standards for U.S. national security and public safety. This action is being taken in light of concerns raised by the shooting at Brown University and killing of an MIT professor suspected to have been committed by an individual admitted to the United States through the DV program. This pause will allow the Department to undertake a review of the screening and vetting protocols in the DV program. This review will address any vulnerabilities in the process to ensure the Department can adequately establish the identity of aliens who are selected through the DV entry lottery, establish the applicants’ visa eligibility, and ensure that they do not present a threat to national security or public safety.

What happens to my visa interview appointment?
DV applicants may submit visa applications and attend interviews, and the Department will continue to schedule applicants for appointments, but no DVs will be issued. Existing diversity visa appointments generally will not be rescheduled or cancelled.

Are there any exceptions?
No. There are no exceptions to this guidance.

Does this affect my current valid visa?
No diversity or other visas have been revoked as part of this guidance.  For questions relating to U.S. admission, we refer you to DHS.

Typically, the Kentucky Consular Center of the State Department processes the diversity visa applications and the U.S. Embassy or the Consulate conducts the vetting and background checks. It appears that the KCC and Consulates will still receive the applications but will pause in making final visa decision.

Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.

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