US judge overturns immigrant visa ban

A federal judge has ruled against a US Department of State policy that suspended immigrant visa issuance for nationals of 75 countries.

In a decision published last week, a US District Judge of the Southern District of New York called the ban unlawful and vacated it nationwide.

The ruling found that the policy discriminated against applicants based on nationality, violating the Immigration and Nationality Act. It also forced consular officers to refuse applicants they had already found eligible.

Under US law, an applicant can only be denied as a likely ‘public charge’ – someone expected to rely on government support – after considering factors such as their finances, age, health, skills and family circumstances. The judge found that officers were instructed to reject some applicants based solely on their country of origin, even when they could support themselves.

The visa ban, introduced earlier this year, halted permanent-residence visas for people joining family members or taking jobs in the US.

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