US Immigration Alert – India Added to COVID Travel Ban

Pursuant to President Biden’s latest “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019,” beginning Tuesday, May 4, 2021 at 12:01 am ET, most travellers who have been physically present in the Republic of India during the 14-day period are barred from admission to the US.

India now joins a growing list of countries, beginning with former President Trump’s January 30, 2020 Proclamation, as well as subsequent Proclamations under the Trump administration, and continued by President Biden’s January 25, 2021 Proclamation, from which travel has been barred with some exceptions. 

Therefore, the US has now barred the entry of most immigrants and nonimmigrants who have been physically present in one of the following countries within the fourteen (14) day period preceding their planned entry to the US:

• Brazil;
• China;
• Iran;
• Republic of India;
• Republic of Ireland;
• Republic of South Africa;
• Schengen Region (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City); and
• United Kingdom (England, Scotland, Wales, Northern Ireland)

The travel bans do not apply generally to the following individuals:

• Lawful Permanent Residents (also known as “green card holders”) of the US;
• Noncitizen nationals of the US (those born or who have connections to US outlying possessions, including Swains Island and American Samoa);
• Noncitizen spouses of US citizens or US lawful permanent residents;
• Noncitizen parents or legal guardians of US citizens or US lawful permanent residents, provided that the US citizen or US lawful permanent resident is unmarried and under the age of 21;
• Noncitizen siblings of US citizens or US lawful permanent residents, provided that both are under the age of 21;
• Noncitizens who are the child, foster child, or ward of a US citizen or US lawful permanent resident, or who are a prospective adoptee seeking to enter the US pursuant to the IR-4 or IH-4 visa classifications;
• Noncitizens traveling at the invitation of the US government for a purpose related to containment of mitigation of COVID-19; and
• Various other narrow exceptions.

The current state of play in the US immigration system is changing even more rapidly than ever before. Stay tuned for the latest from the Moodys immigration team as we closely monitor this legislation and other significant changes in US and Canadian immigration.