FIJIAN nationals planning to permanently migrate to the United States have received a significant boost after a US federal court struck down a policy that suspended immigrant visa issuance to citizens of Fiji and 74 other countries.
The United States District Court for the Southern District of New York ruled on Friday that the nationality-based policy was contrary to law and exceeded the statutory authority of US Secretary of State Marco Rubio. The court ordered the policy vacated under the Administrative Procedure Act.
Fiji was among the 75 countries targeted under the policy introduced by the US Department of State in January.
The suspension, which took effect on January 21, was based on concerns that immigrants from the designated countries were at higher risk of using welfare or becoming a “public charge”.
Under the directive, consular officers were required to refuse immigrant visas to nationals of the listed countries even where an individual assessment found an applicant was otherwise eligible.
The court found this approach unlawful, noting US immigration law prohibits discrimination in the issuance of immigrant visas based on nationality.
The ruling is particularly significant for Fijians pursuing family-based or employment-based permanent migration to the United States.
The court ordered that the policy categorically suspending immigrant visas for nationals of the 75 countries be set aside. It also ordered that visa refusals based solely on the policy be vacated and returned for further consideration.
However, the decision does not automatically mean every affected Fijian applicant will receive a visa.
The court made clear that its order does not overturn refusals where applicants were found ineligible on other grounds under US immigration law.
The judgment effectively removes nationality alone as the barrier imposed by the January policy, restoring the opportunity for affected applicants to have immigrant visa applications considered under the normal statutory requirements.
