Cape Verdean and Brazilian Immigrants Condemn Trump’s Visa Pause

(BRAZIL) — Nationals of Brazil, Cape Verde, and dozens of other countries have a right to fair, non-discriminatory consideration of their U.S. immigration applications, even as the U.S. government implements an “indefinite pause” on many forms of immigrant visa processing.

This rights guide explains what that right means in practice, what the government can (and cannot) do during broad visa suspensions, and the steps families can take to protect their cases during the current disruption to immigrant visa processing.

1) Overview: what the “pause” is and who is affected

As of Friday, January 16, 2026, the U.S. government has implemented an indefinite pause on immigrant visa processing affecting 75 countries, with Brazil and Cape Verde specifically identified among them.

The scope is described as reaching immigrant visas tied to permanent residence, including many family-based cases, fiancé(e) visas, and employment-based immigrant visas.

For families, the immediate consequence is simple but severe: cases that were moving through consular processing may stop progressing to visa issuance, even if fees have been paid and interviews completed.

For U.S.-based petitioners, the pause can also create spillover delays when an underlying petition, a waiver, or an adjustment-related benefit is placed “on hold.”

2) The right at stake: fair adjudication and equal protection principles

The core right

• Apply for immigration benefits Congress has created, and
• Receive individualized, non-arbitrary adjudication under the governing statutes and regulations, subject to lawful executive limits.

Legal basis (high-level)

Several legal foundations matter here:

• INA inadmissibility and public charge: The government may deny admission if it finds an applicant is likely to become a public charge. See INA § 212(a)(4). Consular officers often apply this in immigrant visa cases, alongside the required affidavit of support framework in many family cases.
• Consular processing authority: Immigrant visa issuance is handled by the Department of State under the INA and implementing regulations in 22 C.F.R. (consular procedures), while USCIS adjudicates many petitions and benefits under 8 C.F.R.
• Constitutional due process and equal protection concepts: The Fifth Amendment applies to the federal government. In immigration matters, constitutional protections are narrower for applicants outside the United States. Still, U.S. citizens and lawful permanent residents (LPRs) may have protectable interests implicated by adjudication delays or denials, especially where the government action is arbitrary or discriminatory.

Two Supreme Court decisions often frame the modern debate over consular decisions:

• Kerry v. Din, 576 U.S. 86 (2015) (plurality) (addressing due process claims related to a spouse’s visa refusal).
• Trump v. Hawaii, 585 U.S. 667 (2018) (upholding a presidential travel proclamation against certain challenges, while confirming courts can review whether the government offered a facially legitimate and bona fide reason).

These cases do not guarantee approval. They help define what kinds of challenges are harder, and what factual records matter.

3) Who has these rights during a visa pause?

Rights vary by status, location, and the type of application.

U.S. citizens and LPR petitioners (in the U.S.)

• May assert procedural rights tied to their filings with USCIS.
• May request explanations, make record-based challenges, and seek review in limited contexts.
• Often have the strongest basis to pursue congressional help or, in narrow cases, federal litigation.

Immigrant visa applicants outside the U.S. (including in Brazil or Cape Verde)

Typically have fewer constitutional protections regarding visa issuance.

Still benefit from statutory and regulatory requirements, including proper document handling, accurate application of inadmissibility grounds, and non-arbitrary processing.

Visa holders and nonimmigrant applicants

This policy is described as aimed at immigrant visas, not most temporary visas.

Nonimmigrant applicants and holders still must meet admissibility requirements. They may face enhanced screening.

Undocumented individuals in the U.S.

The pause is about consular issuance and related adjudication holds.

It does not create legal status, and it does not eliminate enforcement risk. Those eligible for family-based adjustment or other relief should seek individualized legal screening.

4) Key dates and official signals families should track

The government’s public timeline matters because deadlines in immigration cases often turn on dates and notices.

• January 14, 2026: State Department signaling and public messaging about the pause.
• January 21, 2026: The suspension of immigrant visa issuance is described as beginning.
• January 1, 2026: USCIS Policy Memorandum PM-602-0194 directing adjudication holds for certain pending benefit requests tied to listed countries.

5) What is paused, and what is not (based on current descriptions)

Based on the policy description, some categories are generally paused while others are not suspended but may face more scrutiny.

Paused (generally)

• Family-based immigrant visas (spouses, parents, children, siblings, depending on category)
• Fiancé(e) visas (commonly processed through consular channels and often treated as part of family pathways)
• Employment-based immigrant visas

Not suspended (but more scrutiny)

Nonimmigrant visas are described as not currently suspended, including B-1/B-2 visitor visas, F-1 student visas, and H-1B and L-1 work visas.

However, applicants should expect more scrutiny. Officers may ask more questions about finances, ties, and admissibility.

6) Countries affected: examples, with Brazil and Cape Verde highlighted

Brazil and Cape Verde are among the 75 countries described as covered. Other examples cited include Colombia, Haiti, Nigeria, Russia, and Iran.

For communities in the U.S., the geographic concentration matters. Advocates and local leaders have pointed to states with significant Brazilian and Cape Verdean populations, including Massachusetts, as likely to feel outsized family reunification impacts.

7) Screening criteria and process changes: public charge and “case-by-case review”

The policy description indicates an emphasis on public charge screening, with factors such as age, health, English proficiency, and financial status taken into account.

Public charge determinations are complex. In many family-based cases, the affidavit of support is central. Even then, officers may consider the “totality of the circumstances” under INA § 212(a)(4).

Separately, USCIS adjudication holds can affect people already in the U.S. if a requested benefit is paused pending “case-by-case review.”

• Requests for Evidence (RFEs) become more detailed
• Cases sit without action for extended periods
• Medical, insurance, and financial documentation is weighed more heavily

8) How to exercise your rights during the pause (practical steps)

Even when issuance is frozen, families can often take actions that preserve options and strengthen the file.

Step 1: Confirm where the case is in the pipeline

• If you are in consular processing, identify the post (for example, the U.S. Embassy/Consulate in Brazil) and your case status.
• If you are in the U.S. with USCIS, identify whether it is a petition (I-130, I-140), a waiver, or adjustment-related filing.

Save screenshots, notices, and payment receipts. Keep a timeline.

Step 2: Keep contact information current

• Update addresses with USCIS when required.
• Ensure the National Visa Center (NVC) and the consular post have correct email and phone details.

Missed notices can create long delays.

Step 3: Maintain document readiness

Civil documents and police certificates can expire depending on the post’s rules. Medical exams also expire.

Ask the post what must be re-done and when. Do not redo medical exams too early.

Step 4: Prepare for stricter financial review

• Recent tax transcripts
• Proof of current employment
• Evidence of assets, if needed
• Joint sponsor documentation, if appropriate

If you anticipate public charge questions, consult counsel before changing strategy.

Step 5: Use escalation channels appropriately

Options may include inquiries through the consular post’s public inquiry process, USCIS service requests for outside-normal-processing cases, and congressional office assistance for status checks (not approvals).

If a case is placed on hold, ask for the written basis and what the agency needs to resume review.

9) Common ways rights are waived, lost, or undermined

During fast-changing policy periods, avoid mistakes that can permanently damage an otherwise approvable case.

1. Inconsistent statements — Differences between DS-260 answers, prior visa applications, and interview testimony can be treated as misrepresentation in serious cases.
2. Unnecessary travel or risky entries — If you are not a U.S. citizen, international travel can trigger admissibility review by CBP. Travel can also complicate a pending adjustment case.
3. Missing deadlines for RFEs or notices — Even if the broader policy is uncertain, a missed deadline can lead to denial.
4. Assuming “pause” means “forgiveness” — A pause does not waive grounds of inadmissibility. It also does not stop removal proceedings for someone already in EOIR court.

10) What to do if you believe your rights were violated

If you suspect discriminatory treatment, arbitrary action, or procedural mishandling, focus on building a clean record.

1. Request the reason in writing
   • For visa refusals, ask what INA section was applied.
   • For holds, request a status explanation and what additional evidence is needed.
2. Preserve evidence — Keep emails, refusal sheets, case notes, and sworn statements of what happened at an interview.
3. Seek legal review for next steps — Depending on the posture, options may include reconsideration or reapplication strategies, advisory opinions in narrow contexts, or federal court litigation (limited and highly fact-specific), including potential APA or mandamus-style actions when there is an unlawful delay.

Litigation is not a first step for most families. But it can be relevant when delays become extreme or the agency refuses to act.

11) Where to monitor official updates (and avoid misinformation)

For the most reliable updates, check official sources directly:

• U.S. Department of State visa information: U.S. visas
• USCIS Newsroom: USCIS Newsroom

Because the pause is described as indefinite, monitoring matters. Policies can shift with new guidance, litigation, or revised country lists.

12) Finding legal help

If your family’s case involves Brazil, Cape Verde, or any affected country, speak with a qualified immigration attorney. This is especially important if you have prior refusals, overstays, arrests, medical issues, or complicated finances.

Resources:

• AILA Lawyer Referral: AILA Lawyer Referral