Biden Administration Issues Travel Ban for India

Gibney Anthony & Flaherty, LLP
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On April 30, 2021, the Biden Administration issued a proclamation imposing restrictions on the admission of travelers from India.  The ban will take effect at 12:01 am eastern daylight time on Tuesday, May 4, 2021.  Impacted travelers include nonimmigrant foreign nationals who have been physically present in India at any point during the 14 day period prior to arrival in the U.S.

WHO IS EXEMPTED FROM THE BAN?

The entry restrictions do not apply to:

  • US citizens;
  • US lawful permanent residents;
  • Noncitizen nationals of the US;
  • Noncitizens who are the spouses of US citizens or lawful permanent residents;
  • Noncitizens who are the parents or legal guardians of US citizens or lawful permanent residents under the age of 21;
  • Noncitizens who are the siblings of  US citizens or lawful permanent residents under the age of 21;
  • Noncitizens  who are the children, foster children, or wards of  US citizens or lawful permanent residents, or who are prospective adoptees;
  • Noncitizens traveling  at the invitation of the US government for purposes related to virus mitigation; and,
  • Certain other travelers classified as nonimmigrant crew members, foreign government officials, and diplomats, etc.

Keep in mind that under existing policy, all international travelers, including those exempted from travel bans,  are required to show proof of a negative COVID-19 test result or proof of recovery from COVID prior to traveling to the U.S.

HOW LONG WILL THE BAN REMAIN IN EFFECT?

The ban will remain in effect until terminated by the President.

BACKGROUND INFORMATION

The restriction comes at the recommendation of the CDC after the surge of COVID-19 cases in India in recent weeks and a  Level 4 Do Not Travel advisory issued by the Department of State last week.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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