Iranian EB-2 Visa Blocked by Travel Ban: Court Case Dismissed
An Iranian couple spent years waiting for a US immigrant visa decision — and when a federal court finally got involved, the State Department refused their applications under a presidential travel ban. In October 2026, a Washington DC federal judge dismissed their lawsuit, ruling the court had no power to override the refusal. The case shows how Proclamation 10998, which bars most Iranian nationals from entering the US, can stop an approved EB-2 National Interest Waiver petition dead in its tracks.
What if your green card petition was already approved — but the US Embassy still refused your visa and said you cannot appeal? That is exactly what happened to Hasan Najafi Khaboshan and Elnaz Yousefi, Iranian nationals living in Malaysia. USCIS had approved their Form I-140 (the petition that starts the EB-2 green card process for people with advanced degrees or exceptional ability). They attended their consular interview at the US Embassy in Kuala Lumpur in February 2024. The consular officer refused their applications under Section 221(g) of the Immigration and Nationality Act and placed them in "administrative processing" — a status that can last indefinitely with no clear end date.
Years of waiting, then a travel ban refusal
The couple waited without a real update for nearly two years. The officer who interviewed them left the Embassy in October 2024, and their case sat unassigned. In December 2025, the Embassy confirmed to Senator Edward J. Markey's office that the case was "still undergoing administrative processing" and had been pending "beyond normal expected processing times." On January 1, 2026, the couple filed a federal lawsuit on their own — without a lawyer — asking the court to force a decision. Three weeks after the government was served, the Embassy issued formal refusal letters in April 2026. The reason: Presidential Proclamation 10998, signed December 16, 2025, which continued a full suspension of entry for Iranian nationals that had begun under an earlier proclamation in June 2025. The refusal letters stated the decision could not be appealed and that a National Interest Exception would not be granted.
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The couple then argued they qualified for an exception as ethnic and religious minorities facing persecution in Iran. Mr. Najafi Khaboshan is an ethnic Kurd who converted from Islam to Christianity — a capital offense under Iranian law. Ms. Yousefi is a Sunni Muslim from the Kurdish community of Sanandaj, a group the couple says has faced political and economic persecution by the Iranian government. The Embassy reviewed their documents and in May 2026 told them they did not qualify for the persecution-based exception. The couple amended their lawsuit and added their newborn daughter, E.N.K., born in Malaysia in early 2026, as a plaintiff. In October 2026, Judge Sparkle L. Sooknanan of the US District Court for the District of Columbia dismissed the case. The judge wrote that the court was "sympathetic" to the plaintiffs and acknowledged "the harms caused by the systemic delays in our visa-adjudication system" — but said the law left no room for the court to act.
What this means for Iranian green card applicants
Proclamation 10998 applies to Iranian nationals who were outside the United States and did not hold a valid US visa on January 1, 2026. If you are an Iranian national in that situation, an approved I-140 petition does not guarantee a visa. Consular officers can — and in this case did — refuse the visa under the proclamation even after USCIS approved the underlying petition. The proclamation does allow exceptions for ethnic and religious minorities facing persecution in Iran, and for individuals whose travel would serve a US national interest, but the Embassy decides whether those exceptions apply. Courts have so far declined to second-guess those decisions.
What to do
- If you are an Iranian national with an approved I-140 and a pending consular case, ask an immigration lawyer whether you may qualify for a persecution-based exception under Proclamation 10998 — the Embassy can still consider that argument even after a refusal.
- Document any evidence of persecution, religious minority status, or ethnic minority background now. The Embassy's May 2026 decision in this case shows they do review such claims, even if the bar is high.
- If your case has been in administrative processing for an unusually long time, contact your US Senator's office. In this case, Senator Markey's office obtained written confirmation from the Embassy — that kind of congressional inquiry can create a paper record useful in future proceedings.
- Do not assume an approved I-140 or National Interest Waiver protects you from a proclamation-based refusal. Talk to an immigration attorney before making major life decisions — like turning down job offers abroad — based on a pending visa.
Related: our step-by-step guide — “Immigration Court Rulings”.
Fishkin Law Firm, New York
This ruling is a reminder that consular nonreviewability — the legal doctrine that courts generally cannot review a visa denial — applies even when USCIS has already approved the underlying petition. If you are an Iranian national refused under Proclamation 10998, your only realistic options are to apply for a persecution-based exception with strong documentary evidence, or to seek a national interest exception through the State Department. Filing a lawsuit to compel a decision is unlikely to succeed after a formal refusal has been issued. I strongly recommend consulting an immigration attorney before pursuing any of these paths.
Frequently Asked Questions
My I-140 was approved. Can the Embassy still deny my immigrant visa?
Yes. An approved Form I-140 means USCIS found you eligible for the EB-2 category, but it does not guarantee a visa. A consular officer can still refuse your visa under a presidential proclamation, a finding of ineligibility, or other grounds. The Khaboshan case is a direct example of this.
Does Proclamation 10998 affect all Iranian nationals applying for US visas?
It applies to Iranian nationals who were outside the United States and did not hold a valid US visa on January 1, 2026. There are exceptions — including for ethnic and religious minorities facing persecution in Iran, and for people whose travel serves a US national interest — but the State Department decides whether those exceptions apply.
Can I sue the State Department if my visa has been in administrative processing for years?
You can file a lawsuit to try to force a decision, but courts have generally been reluctant to intervene in consular visa decisions. In this case, the lawsuit did prompt the Embassy to issue a formal decision — but that decision was a refusal, and the court then dismissed the case. A lawsuit is not a guaranteed path to a visa.
What is the persecution-based exception under Proclamation 10998, and how do I apply?
Proclamation 10998 says the entry ban does not apply to immigrant visas for ethnic and religious minorities facing persecution in Iran. To seek this exception, you submit evidence of your minority status and the persecution you face to the US Embassy handling your case. The Embassy reviews the evidence and decides. There is no formal appeal if they deny the exception.