TRAVEL BAN:

India, Iran, Schengen, China, Brazil, South Africa

 

    Presidential Proclamation 4/30/21 temporarily banned certain travels from India.  In view of the wild spread of COVID in India the proclamation temporarily restricts and limits travel from India to protect public health. 

    This travel ban Executive Order suspends U.S. entry of certain nonimmigrants only.  U.S. citizens, Lawful Permanent Residents (LPRs) also called green card holders and immigrants remain unaffected.  

    The ban is regardless of nationality.  Any one subject to the travel ban will not be able to board the aircraft to the United States.  Claims for asylum, Withholding of removal and relief under Convention Against Torture remain unaffected by the Proclamation.

    These travelers and others who believe their travel to be in the United States’ national interest should also review the website of the nearest U.S. embassy or consulate for instruction on how to contact them.

 

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

 

    The 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:

    The following individuals qualify under the national interest exception.  National interest designation of categories may be revised at any time.

 

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, Schengen Area, and South Africa may qualify for 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 1^st or after, without first requesting the national interest exception.  

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

5. Journalists

6. Pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance, including individuals who are traveling to the United States on B-1/B-2, B-1, or M-1 visas, or Visa Waiver Program authorizations. This also include certain M-2 dependents when the principal’s necessary training is four weeks or more.

7. Exchange visitors

• Travel by an au pair to provide care for a minor U.S. citizen, LPR, or nonimmigrant in lawful status when the au pair possesses special skills required for a child with particular needs (e.g., medical, special education, or sign language).
  Travel by an au pair that prevents a U.S. citizen, lawful permanent resident, or other nonimmigrant in lawful status from becoming a public health charge or ward of the state or of a medical or other public funded institution.
• Travel by an au pair to provide childcare services for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19 or medical research at United States facilities to help the United States combat COVID-19.
• Travel for an exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to June 24, 2020.
• Travel by Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with "G-3" on Form DS-2019): An exchange visitor participating in an exchange visitor program in which he or she will be hosted by a U.S. government agency and the program supports the immediate and continued economic recovery of the United States.
• Travel by Specialized Teachers in Accredited Educational Institutions with a program number beginning with "G-5" on Form DS-2019: An exchange visitor participating in an exchange program in which he or she will teach full-time, including a substantial portion that is in person, in a publicly or privately operated primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution to the education of students in the United States. A “specialized teacher” applicant must demonstrate native or near-native foreign language proficiency and the ability to teach his/her assigned subject(s) in that language.
• Travel in support of critical foreign policy objectives: This only includes exchange visitors participating in a small number of exchange programs that fulfill critical and time sensitive foreign policy objectives.

8. Non U.S. citizen members of U.S armed forces, their spouse and children

9. Any non U.S. citizen whose entry will further important U.S. law enforcement objective det by DOS/ DHS

 

Here is the full text of the Proclamation:

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/30/a-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019/

 

Previous geographic COVID-related Presidential Proclamations that remain in effect are listed below:

Travel ban: EUROPE, CHINA, IRAN & BRAZIL: 1/25/21

Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, and Iran, and expanding restrictions to include travelers from South Africa. (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/proclamation-on-the-suspension-of-entry-as-immigrants-and-non-immigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease/). The suspension of entry for foreign nationals present in the Schengen Area, the U.K., Ireland, and Brazil took effect on January 26, 2021, continuing the suspension from these areas from prior proclamations for these countries. The suspension of entry for foreign nationals present in South Africa took effect on January 30, 2021.

 

Travel Ban: IRAN 2/29/20

(https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus/).

 

Travel ban: CHINA 1/31/20

Proclamation signed on 1/31/20 by then President Trump suspended entry into the United States of foreign nationals who were physically present in the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, within the 14 days preceding entry or attempted entry into the United States (https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/).



Relief for Victims of Domestic Violence

    If you are married to a U.S. citizen or a lawful permanent resident in the U.S. and suffered domestic violence, you are eligible for immigration benefits.  A child or an elderly parent who is a victim of domestic violence may also be entitled to similar benefits. 

 

To read more articles click the links below:

 

Liberian Refugee Immigration Fairness Program (LRIF) terminating soon ...

 

Current trends in Immigration

 

Travel Pending Change of Status

 

Read my blog on immigration here

 

Voting Rights and Immigrants 

 

H1B and Benching: Some Concerns

  

Employment Eligibility Verification

 

GLOSSARY of terms