Impact of the COVID Travel Ban in the United States on India : Immigration Law Blog

On April 30, 2021, a brand new COVID-related journey ban was applied by the Biden administration. The ban suspended entry into america of nonimmigrants who have been bodily current in India throughout the previous 14 days. The administration instituted this ban to curtail the unfold of a brand new coronavirus variant that has precipitated catastrophic devastation in India. At the moment, the U.S. has issued journey bans for 32 different international locations.

The World Well being Group (WHO) designated the B.1.617 variant (the pressure prevalent in India) with its sub-lineages as a “variant of concern” on Could 10. This was the fourth pressure to be declared by the WHO as a variant. India now includes as much as 50% of the COVID-19 circumstances and 30% of the deaths from the virus, globally.

Impartial of the journey ban, Indian momentary visa holders are dealing with the lack to resume their visas as a result of closure of U.S. consulates, given the spike in COVID circumstances in numerous cities within the U.S. The U.S. consulates in India have principally remained closed and have been open just for emergency visa issuance, primarily as a result of lockdown in numerous cities.

Non permanent Visa Holders Affected by the Ban

Undoubtedly, the ban has shattered the plans of many Indian households which have ties with america. It’s broadly identified that almost all of H-1B visas, a talented labor visa, are taken by Indian techies. Indians who’re H-1B visa holders dwell in america together with their dependents (partner and kids). The dependents of H-1B visa holders enter america within the H-4 visa class. Indians often would not have their dad and mom residing with them within the U.S., primarily as a result of visa problem. Such Indians who’ve traveled again to India from the U.S. to are inclined to their ailing dad and mom have been stranded in India as a result of sudden journey ban.

The affect of this ban has been best on lots of the momentary visa holders who traveled alone, leaving their households behind in america. These people stay separated from the households over this indefinite journey ban.

Who Is Exempt From the Journey Ban?

As with many earlier journey bans, sure people have been exempted. Some classes of people who usually are not topic to the ban are as follows:

• Any lawful everlasting resident or any noncitizen nationwide of the U.S.
• Any noncitizen who’s the partner, dad or mum, or authorized guardian of a U.S. citizen or lawful everlasting resident
• Any noncitizen who’s the sibling of a U.S. citizen or lawful everlasting resident, and each are underneath the age of 21
• Any noncitizen touring to the U.S. for a goal associated to containment or migration of the virus
• Any noncitizen whose entry can be within the nationwide curiosity, as decided by the Secretary of State, the Secretary of Homeland Safety, or their designees

Thus, many H-1B visa holders who’ve U.S. citizen youngsters are exempt from this ban.

To be taught extra about this weblog put up or in case you have every other immigration considerations, please be happy to contact me at rglahoud@norris-law.com or (484) 544-0022.