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AfghanEvac Warns Court Ruling Does Not Reopen U.S.Entry for Afghan Refugees

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23 Aug 2026 - 01:21 Khial Hamidzai

The Kabul Tribune (KT) — AfghanEvac, an advocacy organization for Afghan refugees and U.S. wartime allies, is urging Afghans not to make travel plans or visit U.S. embassies following a federal court ruling that struck down the Trump administration’s suspension of immigrant visa processing for nationals of 75 countries, including Afghanistan.

The organization said the ruling does not automatically reopen the pathway to the United States for Afghan applicants.

Shawn VanDiver, founder and president of AfghanEvac, said the hopes of Afghan families following news of the ruling are understandable but cautioned that individual cases have not automatically changed. AfghanEvac identifies VanDiver as the organization’s founder and president. (AfghanEvac)

“Nothing in your case has automatically changed,” VanDiver said, urging applicants not to make travel plans or go to a U.S. embassy or consulate for an interview unless one has been officially scheduled.

Judge Strikes Down 75-Country Visa Policy

U.S. District Judge Jeannette Vargas of the Southern District of New York on Friday vacated a Trump administration policy that had suspended immigrant visa processing for citizens of 75 countries.

The policy was implemented by Secretary of State Marco Rubio in January. Vargas ruled that Rubio had exceeded his statutory authority and that the policy conflicted with the Immigration and Nationality Act.

The judge said the policy improperly required consular officers to refuse immigrant visas based solely on an applicant’s nationality, rather than allowing them to determine eligibility on an individual basis. (AP News)

Afghanistan was among the countries covered by the suspension.

Afghan Applicants Urged to Wait

Despite the court ruling, AfghanEvac said applicants should not assume that their cases have resumed or that they are now authorized to travel.

“Do not plan for travel,” VanDiver said. “Do not go to an embassy or consulate for an interview that has not been scheduled for you, and do not treat news reports as instructions to take action.”

The organization also warned Afghans against people claiming that the U.S. pathway has immediately reopened.

“Do not trust anyone who tells you that the pathway is now open,” VanDiver said, urging applicants not to provide personal information or pay money to individuals making such claims.

Calls for Clear Guidance

AfghanEvac is calling on the U.S. State Department to issue clear instructions to U.S. embassies and diplomatic missions about how the ruling affects visa applicants.

The organization also wants the government to review cases that were denied or otherwise affected by the now-vacated policy.

The court ruling vacates the visa policy and the denials issued solely under it, but the broader U.S. restrictions affecting entry by Afghan nationals remain a separate issue. (Press TV)

AfghanEvac Seeks SIV Exemption

AfghanEvac is also calling on the Trump administration to restore an entry exemption for Afghans who hold Special Immigrant Visas, or SIVs.

The organization has previously advocated for the continuation of the Afghan SIV program and restoration of visa processing for Afghan wartime allies. VanDiver’s recent report for AfghanEvac described the organization’s efforts to restore the SIV exemption and address a backlog of Afghan applicants. (AfghanEvac)

AfghanEvac is also urging Congress to take action to address the uncertainty facing Afghan applicants and their families.

The court ruling represents a significant legal setback for the administration’s 75-country immigrant visa suspension, but AfghanEvac says applicants should wait for official instructions before taking steps based on the decision. (Reuters)