@bradbernsteinlaw: ONE IMMIGRANT SUED THE GOVERNMENT — AND WON. The Trump administration froze immigrant visa issuance for nationals of 75 countries, including Brazil, Colombia, Nigeria, Russia, Egypt, Pakistan, Jamaica and many others, based on concerns that applicants from those countries could become a “public charge.” But one Brazilian EB-5 investor decided not to simply wait. He sued. His argument was straightforward: immigration law requires public-charge determinations to be made based on the INDIVIDUAL applicant — looking at factors such as age, health, family circumstances, assets, financial resources, education and skills. The government cannot simply substitute a blanket country-based policy for the individualized analysis Congress required. Federal Judge Amit Mehta agreed that the State Department’s policy was unlawful as applied to this plaintiff and ordered the government to individually adjudicate his immigrant visa application. IMPORTANT: This did NOT strike down the entire 75-country policy nationwide, and it does not mean immigrant visas have automatically reopened for everyone from these countries. But it may provide a roadmap. If your immigrant visa interview has already taken place, your case is otherwise ready for adjudication, and the government is refusing to issue your visa because your nationality is on the 75-country list, it may be time to speak with an experienced immigration attorney about whether an individual federal lawsuit is appropriate. We are still waiting for broader litigation challenging this policy. But one person brought his own case and got relief. Sometimes you don't wait for everyone else. You fight your own case. Need help with an immigration matter or a federal immigration lawsuit? Brad Bernstein, Esq. Law Offices of Spar & Bernstein, P.C. 45 Broadway, 15th Floor New York, NY 10006 USA: 1-800-529-5465 International: +1-212-227-8933 Email: [email protected] Website: www.lawsb.com Attorney Advertisement. This content is for general informational purposes only and does not constitute legal advice. Every immigration case is different. Prior results do not guarantee a similar outcome. #Immigration #ImmigrationLaw #ImmigrationNews #GreenCard #ImmigrantVisa

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Sunday 09 August 2026 17:50:15 GMT