05.04.21

Travel Ban: India

Posted in Changes in Law, Uncategorized at 4:59 pm by Lalita Haran

Presidential Proclamation temporarily bans certain travels from India. Ban is on the nonimmigrants with certain visa if they had been present in India 14 days before entering the United States. This travel suspends U.S. entry of certain nonimmigrants only and U.S. citizens, Lawful Permanent Residents (LPRs) also called green card holders and immigrants remain unaffected.

The following travelers are exempt from the travel ban Proclamation:
1. Diplomats with A and G visa
2. Crew members on C, D, C1/D visa
3. Family members of USC and LPRs: spouse, minor children, parents (if US citizen / LPR child is under 21 and unmarried) and
siblings, if both siblings are under 21 yrs. of age and unmarried

4. Any non-U.S. citizen whose entry is determined to be in the national interest as determined by Secretary of DOS/ Secretary of DHS or their respective designee

National Interest Exceptions may be requested for qualified travelers seeking to enter the United States for purposes related to:
• humanitarian travel,
• public health response,
• and national security.

NATIONAL INTEREST EXCEPTION:
Individuals under the following designated categories qualify for the national interest exception

1. Immigrants (other than the exempt category mentioned above)

2. Fiance`(e)s

3. Students (F1 and M1) and Exchange visitors in academic programs from India, China, Brazil, Iran, the Schengen area, and South Africa may qualify for the national interest exception only if their education program starts August 1, 2021, or after. Department of State post suggests that F1 and M-1 students in possession of a valid visa may travel if their program starts August 1st 2021 or after, without first requesting the national interest exception. Note: DOS post also suggests that anyone planning to travel must first contact the Consulate or the Embassy.

4. Vital support providers: Travelers seeking entry to provide vital support for critical infrastructure sectors

5. Journalists

6. Pilots and aircrew for training, pick/ delivery/ maintenance of aircraft including B1/B-2, B-1, M-1 visa or Visa Waiver Program, and some M-2 dependents.

7. Certain exchange visitors including some au pair

8. Noncitizen member of U.S armed forces, their spouse and children

9. Any noncitizen whose entry will further important U S law enforcement objective set by DOS/ DHS

The ban, however, does not affect claims for asylum/ withholding of removal eligibility or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

You can read the detailed article here https://haranlaw.com/articles