Short answer: two separate developments affected immigrant visa processing this summer, and they are often confused. The first is the pause on immigrant visas for nationals of 75 countries. A federal court vacated that policy on August 21, 2026 and sent refusals based solely on it back for review. The second is the State Department’s rescheduling of some immigrant visa appointments worldwide while consular officers are trained on new public charge guidance.
Turkey was not on the 75-country list, so refusals of Turkish nationals were not directly affected by the court’s decision. Immigrant visa appointments in Ankara, however, can still be affected by the worldwide training delays.
We covered the background, including the 39-country USCIS hold and the 75-country consular policy, in our article asking whether the green card has been paused. This article focuses on what came after the ruling: the appeal, the review of 221(g) refusals, and interview rescheduling.
What you will find in this article
- What exactly the court vacated in CLINIC v. Rubio
- What the government’s appeal and stay request mean
- How 221(g) refusals will be reviewed
- How the training-related interview delays differ from the 75-country policy
- Practical steps for applicants from Turkey
Quick overview: CLINIC v. Rubio and immigrant visa interviews
| Question | Short answer |
|---|---|
| Is the 75-country pause still in effect? | No. The State Department says the policy has not been in effect since August 21, 2026. |
| Was Turkey on the list? | No. Turkey was not one of the 75 countries. |
| Did the government appeal? | Yes. It filed a notice of appeal to the Second Circuit on September 10, 2026. |
| Is the ruling in effect now? | Yes. As of September 17, no ruling on the stay request had been issued. |
| Why was my interview rescheduled? | For Turkish nationals, the likely reason is the worldwide public charge training initiative. |
| Do I need to reapply after a 221(g) refusal? | If the refusal was based solely on the 75-country policy, the consular section will contact you. For other 221(g) refusals, documents must be submitted within one year. |
What did the court decide?
Judge Jeannette A. Vargas of the U.S. District Court for the Southern District of New York issued her decision in Catholic Legal Immigration Network, Inc. v. Rubio on August 21, 2026. A partial judgment was entered on August 24, 2026.
The court ruled that:
- The State Department policy directing officers to refuse immigrant visa applicants from 75 countries under section 221(g), in place since January 21, 2026, was contrary to law and in excess of statutory authority, and it was vacated.
- Immigrant visa refusals based solely on that policy were also set aside and sent back to consular officers for review.
- The court did not require any particular outcome or process, as long as a new refusal is not based on the policy.
- Refusals based on other grounds are not affected.
The State Department told the court that more than 43,000 refusals fall within the scope of the ruling.
What does the appeal mean?
The government filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit on September 10, 2026. On September 14, it asked the district court to stay the entire judgment or, at minimum, the part requiring review of 221(g) refusals.
In practical terms:
- An appeal does not automatically pause the ruling. The government’s own filing acknowledges that the judgment is fully operative and that it is complying.
- If a stay is granted, the review of 221(g) refusals could slow down or be put on hold.
- As of September 17, 2026, no ruling on the stay request had been issued. The court has also asked the parties for a joint status letter by September 30.
How will consulates review 221(g) refusals?
On September 10, 2026, the State Department sent instructions to all embassies and consulates. The government filed the text of these instructions in another case. They provide that:
- Earlier instructions on the 75-country pause and the Diversity Visa pause are rescinded in their entirety.
- No applicant may be refused under 221(g) on the basis of either pause.
- Refusals based solely on the pauses must be reviewed immediately, starting with the oldest cases.
- Missing documents, including updated medical exams where needed, will be requested in writing.
- Applicants may be reinterviewed when necessary.
- A new public charge worksheet must be completed in every immigrant visa case.
The instructions also include a standard response for applicants: if a refusal was based solely on the pause, the consular section will contact the applicant. The instructions do not require a new application or a new fee.
The State Department’s official page on the policy also confirms that the pause is no longer in effect.
How the interview delays differ from the 75-country policy
| Issue | 75-country pause | Public charge training delays |
|---|---|---|
| Who was affected? | Only nationals of the 75 listed countries | Some appointments worldwide, regardless of nationality |
| What happened? | Visas were not issued and applicants were refused under 221(g) | Some interview appointments were moved to later dates |
| Current status | Vacated by the court; appeal pending | No official end date announced |
| Was Turkey affected? | No | Possibly |
The State Department told the court that it rescheduled many immigrant visa appointments originally set through September 2026 because of a global training initiative. Applicants with rescheduled appointments receive an email and should not appear at the consulate without a new appointment. The training is tied to consistent screening under the public charge rule that took effect on September 18, 2026.
We explained how that rule affects green card applicants in our article on the new public charge rule.
What should you do after a 221(g) refusal?
Start by identifying the actual basis for the refusal. A 221(g) refusal is a temporary refusal that means the application is incomplete or requires administrative processing.
If the refusal was based solely on the 75-country policy
- Wait for the consular section to contact you. The instructions direct posts to review these cases starting with the oldest.
- Make sure your contact details in CEAC and NVC records are current.
- Check documents that may expire, such as medical exams, police certificates, and financial support documents.
- Get advice before filing a new application or paying a new fee.
If the refusal was based on another 221(g) ground
According to the State Department, an applicant refused under 221(g) has one year from the date of refusal to provide the requested information. No new application or fee is required within that period. After one year, the applicant must reapply and pay the fee again. Details are available on the State Department’s visa denials page and its administrative processing page.
What this means for applicants from Turkey
- Turkey was not on the 75-country list. Nearby countries on the list included Azerbaijan, Georgia, Armenia, Iran, Iraq, Syria, Russia, Kazakhstan, Uzbekistan, and the Kyrgyz Republic.
- Turkey is also not among the 39 countries covered by Proclamation 10998.
- Immigrant visas for Turkey are processed in Ankara. According to the U.S. Mission to Turkey, Istanbul handles nonimmigrant visas only. The embassy’s visa page had no specific notice about the training delays as of September 17.
- Dual nationals should review their situation separately. Applicants who also hold citizenship of a listed country should consider the State Department’s guidance on dual nationals.
If your marriage-based green card, EB-3, or EB-2 NIW case is at NVC or the consulate, read any rescheduling email carefully and keep your documents current. For interview preparation, see our guide on what to watch for in a U.S. visa interview.
Common mistakes
- Treating the 75-country ruling and the training delays as the same issue
- Filing a new application and paying a new fee without reading the refusal basis
- Assuming the appeal automatically suspends the ruling
- Going to the consulate on the original date after an appointment has been rescheduled
- Letting medical exams and police certificates expire
- Leaving outdated contact details in CEAC and NVC accounts
Short pre-interview checklist
- What does the written refusal or rescheduling notice actually say?
- Are any of your countries of citizenship on the 75-country list?
- Are the email and phone details in your CEAC and NVC accounts current?
- Have the validity dates of your medical exam and police certificates been checked?
- Have your financial support documents been updated for the new public charge review?
- If you received a 221(g) refusal, when does the one-year period end?
Frequently Asked Questions
What is CLINIC v. Rubio?
It is the August 21, 2026 decision of a federal court in New York. The court vacated the policy pausing immigrant visas for nationals of 75 countries, along with 221(g) refusals based solely on that policy.
Was Turkey on the 75-country list?
No. Turkey was not on the list.
Did the government’s appeal stop the ruling?
No. An appeal alone does not stop a judgment. The government also asked for a stay, but no ruling on that request had been issued as of September 17, 2026.
Why was my interview in Ankara rescheduled?
The State Department rescheduled some immigrant visa appointments worldwide because of new public charge training. This delay is not tied to the country list.
When will interviews return to normal?
As of September 17, 2026, the State Department had not announced an official end date. New appointment information is sent by email.
I received a 221(g) refusal. Do I need to pay the fee again?
Under the general rule, no new fee is required if you submit the requested documents within one year of the refusal. If the refusal was based solely on the 75-country policy, the consular section will contact you.
Were visas issued during this period revoked?
No. The State Department states that visas issued during this period were not revoked.
What if the consulate does not contact me?
First check your CEAC status and email. If you receive no response for an extended period, it is worth reviewing your case with an immigration attorney.
Conclusion: read the basis of your refusal first
CLINIC v. Rubio ended the immigrant visa pause for nationals of 75 countries and required review of 221(g) refusals based on that policy. The government has appealed, but the ruling is currently in effect. Because Turkey was not on the list, Turkish nationals were not directly affected, although worldwide training delays can still affect appointments in Ankara.
To review a marriage-based green card, EB-3, or EB-2 NIW case at the NVC or consular stage, contact Clinch Law.
Legal information notice
This content is provided for general information only. It does not create legal advice, an attorney-client relationship, or a guarantee of any outcome. Because the litigation is ongoing, rulings on the appeal or the stay request may change how the policy is applied. Legal information checked on: September 17, 2026.
