ARTICLE · 12 OCTOBER 2021

Federal Judge Orders Visa Processing To Continue During Travel Bans

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A federal judge has ruled that the State Department must continue processing visas for eligible travelers while COVID-related travel bans are in effect.

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Anne Walsh

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A federal judge has ruled that the State Department must continue processing visas for eligible travelers while COVID-related travel bans are in effect.

Overview

On October 5 in Kinsley v. Blinken, a federal judge ruled that the State Department may not use the COVID-related travel bans as a reason to stop issuing visas for individuals who are otherwise eligible. The State Department in practice has suspended issuing visas for persons who are not granted an exception to the travel bans put in place by Presidents Trump and Biden. That practice must now change based on the outcome of the lawsuit filed by a coalition of immigration law firms and individuals who successfully argued that the COVID-19 travel bans do not equate to a “visa ban.”

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