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ImmigraTrust Law Blog

The 2025–2026 U.S. Travel Ban: Who’s Affected, What Changed on December 16th, and What You Can Do Next

1/6/2026

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Last updated: January 6, 2026 (reflects the December 16, 2025, proclamation now in effect as of January 1, 2026). 

​The U.S. travel ban announced in June 2025 is no longer the full story. On December 16, 2025, the government issued a new proclamation that expanded the ban from 19 countries to 39 countries. It took effect January 1, 2026.
This guide explains:
  • Who is currently included in the travel ban
  • How the ban works in practice
  • What changed between the June and December proclamations
  • What to expect if you have a pending or future visa case
  • Whether any paths forward still exist, including narrow waiver options
  • Why ongoing litigation and policy shifts make timing and preparation especially important

Who is Included in the Travel Ban (as of Jan 1, 2026)The “Full Suspension” list (immigrant + nonimmigrant entry/visa issuance)

The State Department says it is fully suspending visa issuance for nationals of these 19 countries (all nonimmigrant and immigrant categories), plus those using Palestinian Authority travel documents—with limited exceptions. 

Full-Suspension Countries (19 Countries): 
Afghanistan, Burma (Myanmar), Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, YemenIn addition, individuals traveling on Palestinian Authority–issued or endorsed travel documents are also covered.

The “Partial Suspension” list (immigrants + some nonimmigrant visa types)
For nationals of the following countries, the government has suspended:
  • All immigrant visas, and
  • Certain nonimmigrant visas, including B-1/B-2 (visitor) and F/M/J (student/exchange)

Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, Zimbabwe. Turkmenistan is treated separately, with immigrant visa issuance restricted but without the same nonimmigrant limitations.

What Changed From the June 2025 Ban to the December 16, 2025, Expansion

The scope expanded dramatically
  • June 2025: restrictions applied to 19 countries.
  • December 16, 2025: expanded to 39 countries, plus Palestinian Authority travel document restrictions. 

Immediate relative family categories were removed as automatic exceptions. This is one of the most important changes for families. The State Department confirms that categorical exceptions in the June proclamation are no longer available, including:
  • Immediate family immigrant visas: IR-1/CR-1, IR-2/CR-2, IR-5
  • Adoption visas: IR-3, IR-4, IH-3, IH-4
  • Afghan SIV categorical exception 

This means that for many families, a case that once seemed delayed is now legally blocked unless a narrow exception applies.

People with Valid Visas Can Still Travel

The ban is not “everyone from these countries is automatically denied.” The proclamation’s coverage is narrower than people assume. It generally applies only to nationals of the listed countries who:
  1. are outside the United States on January 1, 2026, and
  2. do not have a valid visa on January 1, 2026. 

Major practical protection: existing valid visas are not canceled because of the ban. The State Department states: 
  • If you are outside the U.S. but hold a valid visa as of Jan 1, 2026, you are not subject to the proclamation; and
  • No visas issued before Jan 1, 2026 have been or will be revoked pursuant to the proclamation. 

✅ Bottom line: Many people are blocked from new visa issuance, while people with valid visas may still travel—subject to normal screening.

How the Travel Ban Works in Practice 
The travel ban does not automatically cancel immigration petitions or applications. Instead, it primarily affects people who:
  • Are outside the United States, and
  • Require new visa issuance at a U.S. consulate, and
  • Are nationals of a fully or partially restricted country.

While people who already held valid visas before January 1, 2026, are generally not affected, this is no longer the situation for most applicants. Today, the vast majority of impacted individuals are those with pending or future cases who have not yet been issued a visa.
​
For those applicants, the ban often results in:
  • Visa refusals citing the presidential proclamation
  • Long-term administrative holds
  • Inability to proceed unless a narrow exception applies

✅ Bottom line: If you qualify for the visa type you are applying for, such as an immediate relative of a U.S. citizen, you can still apply and go through all the steps of the visa process. The travel ban affects the final stage of the process, so the embassy officer cannot approve and issue the visa. Because the application is a multiyear process, you can start the process and go through the stages and be strategic about when to submit your National Visa Center paperwork to ensure that the travel ban will not have a final decision in your case. Working with an attorney can help with monitoring developments in challenges to the travel ban and to take advantage of opportunities that arise when full processing of the visa application is allowed. 

Exemptions (Who Can Still be Issued Visas / Allowed Travel)
The State Department lists the main categorical exceptions. These are the clearest “still possible” categories under the proclamation. 

Common exceptions that may still allow processing
  • Lawful Permanent Residents (green card holders) 
  • Dual nationals applying/traveling on a passport not subject to suspension
  • Certain diplomatic/official visas
  • Special Immigrant Visas (SIVs) for U.S. government employees under 8 U.S.C. 1101(a)(27)(D) 
  • Participants in certain major sporting events 
  • Immigrant visas for ethnic and religious minorities facing persecution in Iran (this is a specific exception the government lists).  Note for Iranian families: We maintain a separate, detailed guide on the Iran-specific minority exception and national interest options. If you’re Iranian and looking for solutions, this dedicated article is usually the best starting point. 

Outside of these narrow categories, most applicants must rely - if at all - on a case-by-case national interest exception. 

National Interest Exception (Travel Ban Waiver): A Realistic Explanation 

What a National Interest Exception Is
A national interest exception is not a hardship waiver and not a general family-unity exception. It is a highly discretionary determination that admitting a particular person would serve a specific interest of the United States, as determined by senior government officials.

What Does Not Work
It is important to be clear:
  • Family separation alone is not sufficient
  • Emotional hardship alone is not sufficient
  • Financial inconvenience or delay is not sufficient 
​Many waiver requests fail because they focus on understandable personal hardship without establishing a U.S. governmental interest.

When a Case May Be Considered
Cases that are even considered typically involve:
  • Serious, well-documented medical situations affecting U.S. citizens
  • Situations where denial directly interferes with a U.S. government function
  • Critical, time-sensitive institutional or economic interests supported by objective evidence
Even in strong cases, approval is not guaranteed.

Why Legal Strategy Matters
Because the standard is narrow and discretionary, how the case is framed and documented matters greatly. Generic submissions are rarely effective.

Strong cases focus on:
  • Objective documentation
  • Clear explanation of U.S. impact
  • Credibility and consistency
  • Timing and urgency

Third-Country Passports and Citizenship-by-Investment: Growing Risk
Some families have explored third-country passports as a workaround. The expanded travel ban reflects increased scrutiny of citizenship-by-investment programs, and multiple such countries now appear on restriction lists.
This means:
  • A second passport is not a guaranteed solution
  • Additional countries may be added in the future
  • Strategies that worked previously may now create new problems

Litigation, Policy Shifts, and Why Timing Still Matters
There is ongoing litigation challenging aspects of the travel ban and its implementation. While litigation does not guarantee relief, it can result in:
  • Temporary injunctions
  • Policy clarifications
  • Narrow windows of opportunity
These changes often occur quickly and without much notice.

Why Working With an Immigration Attorney Can Help
The current travel ban framework is not static. It changed once in 2025, and it may change again.

For individuals with pending or future cases:
  • Being prepared matters
  • Knowing when not to file matters
  • Being able to act quickly if a window opens matters

An experienced immigration attorney can help you:
  • Assess whether any exception realistically applies
  • Avoid actions that could harm future options
  • Position your case to move quickly if policies shift

Final Thoughts
The 2025–2026 travel ban has closed many doors—but not all of them. The remaining options are narrow, technical, and highly fact-specific. If you have questions about how these rules affect your case, or if you want to stay informed as the situation evolves, we encourage you to reach out. In a rapidly changing immigration environment, preparation and timing can make a real difference.

​
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Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].


​DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.
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