In the last few months, there has been a flurry of travel bans implemented by the Trump Administration. First, there was a 19 country ban imposed in June 2025. Later, in December, an additional 20 countries were added to the existing ban, bringing the total to 39 countries. Then, to make matters worse, a new 75 country ban was announced in January 2026. Obviously, these bans have caused a lot of confusion and heartache. Who is impacted? How do the two bans operate?
For the 39 country ban, countries fall within two categories: partially banned countries and fully banned countries. For the fully banned countries, the Department of State has completely paused all nonimmigrant and immigrant visas. For the partially banned countries, immigrant visa and only some nonimmigrant visas are paused, which varies based on country. While the government initially exempted spouses of U.S. citizens, the December expansion removed this exception.
For those subject to the 39 country travel ban, the restrictions apply within the U.S. as well. USCIS announced in December that it will also pause adjudication of benefit applications filed within the U.S. by foreign nationals included in this ban. This means that spouses of U.S. citizens who fall under the 39 country ban cannot receive an immigrant visa abroad OR a green card within the U.S. until the ban is lifted. While the underlying petitions can still be filed, they will not be adjudicated until the ban ends. This means the work permit normally filed with an adjustment of status application will also not be approved until that time.
The 75 country ban, on the other hand, only applies to visa applicants abroad. This ban restricts all immigrant visas and likewise does not carve out an exception for spouses of U.S. citizens. For those within the U.S., green card applications can still be filed and adjudicated. To date, USCIS has not announced a pause in adjudication as it did with the 39 country ban, but some additional scrutiny should be expected.
While these travel bans are in effect, cross-border couple will need to carefully navigate their options. This will look different, depending on the nature of the underlying relationship. For engaged couples, this could mean delaying the marriage to pursue a K-1 fiancé visa instead. Since a K-1 is a nonimmigrant visa, it should not be impacted by the 75 country ban. That said, K-1 visa times are historically long, so this should be a factor considered.
For those already married, this could mean an I-130 petition followed by a K-3 visa application. A K-3 visa is a nonimmigrant visa designed to reduce time apart for couples. While an I-130 petition is an immigrant visa petition, a K-3 is nonimmigrant, so it should not be included in the current 75 country ban. This may be one available option to side-step the ban.
If you're in the U.S. and filing for adjustment of status, it would still be wise to go ahead and file whether you're subject to either ban, but it would be best to consult with an experienced immigration attorney first as every case is unique.
While there's no way to know when these bans will be lifted, we can expect additional scrutiny for marriage-based green card cases or fiancé visas to continue long term.
Have a question about the travel bans or just generally nervous about your case and need some advice? Reach out anytime. I'm here to help!
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