United States | State Department announces adoption exception for latest visa suspension policies

On Feb. 2, 2026, the State Department released two updates containing adoption exceptions regarding its visa issuance suspension for certain foreign nationals and the immigrant visa processing pause.

Key Points:

• Following the State Department’s updated guidance in December implementing two presidential proclamations (10998 and 10949) that suspend visa issuance and/or entry for certain foreign nationals based on security and vetting deficiencies, effective Jan. 1, 2026, the department has added the following exception to both the suspended visa issuance policy and the immigrant visa processing pause:

“Children being adopted by Americans can qualify for an exception, including a National Interest Exception pursuant to Presidential Proclamation 10998, if applicable. These American families should continue the normal adoption process. They should submit visa applications and attend consular interviews. They do not need to take other additional steps to be considered for a case-by-case exception under the National Interest Exception.”

• The full list of limited exceptions regarding the suspended visa issuance policy can be found here.
• FAQs regarding the immigrant visa processing pause can be found here.

Additional Information: BAL will continue to monitor policy developments and provide updates as the Department of State releases further operational guidance.

This alert has been provided by the BAL U.S. Practice Group.

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