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ImmIGRATION MAY 07, 2021 | The Indian Eye 42
us iMPOses cOvid
travel Ban On india:
how effective are such
travel Bans?
cYrus d. MeHta a Presidential Procla- elers, many of whom takes effect at 12:01 Emirates, for example,
kaitlYn BOx* mation suspending the have spouses and small a.m. EDT on May 4, recently extended its
n previous blogs entry into the United children in the United 2021, and will not apply ban on flights coming
we have discussed States of nonimmigrants States, now face being to noncitizens who are from India through May
who have been physi- stranded in India for the already on a flight to the 14th. Others, like Mex-
Ithe Trump admin- cally present in India in foreseeable future. United States that has ico, may impose fewer
istration’s numerous the past 14 days preced- Like previous iter- departed before that restrictions on incom-
COVID travel bans that ing their entry due to ations of the COVID time. Thus, impacted ing international flights.
were extended by Pres-
ident Biden, and pro- the current COVID-19 travel bans, the new nonimmigrants who can Moreover, consular
vided suggestions for outbreak in India. This Proclamation outlines book a return flight to posts in India will like-
ban will have devastat- numerous categories of the United States before ly not issue H-1B visa
overcoming them. On ing implications for the individuals who are ex- the ban takes effect may stamps to those who are
Friday, April 30, 2021, many Indian H-1B hold- empt from the restric- want to consider doing subject to the ban on the
a new COVID-related ers who traveled to In- tions, including green so, though it may be dif- flawed reasoning that if
travel ban was imple-
mented, this time by the dia at the height of the card holders, spouses ficult to even purchase an applicant is subject
Biden Administration. pandemic to care for, of U.S. citizens or green plane tickets currently. to a ban they should not
President Biden issued and possibly bury, their card holders, parents of The restrictions also will even receive a visa.
ill parents. These trav- unmarried U.S. citizen not apply to a nonimmi- There is no reason
or LPR children un- grant who, after leaving not to as they can spend
der the age of 21, may India, spends 14 days 14 days in another coun-
immigrant visa hold- in a third country not try before seeking to en-
ers, and certain other subject to a COVID-19 ter the US, but based on
categories of travelers. proclamation before en- experience with posts
Thus, the many H-1B tering the United States. in other countries sub-
visa holders who have Note, though, that the ject to Covid bans, they
U.S. citizen children will entire Schengen region will not get a visa and
not be impacted. The is subject to a travel lawsuits may need to
Proclamation also ex- ban and so is the Unit- be filed as in Gomez v.
empts “any noncitizen ed Kingdom. Hence, Trump , which involved
whose entry would be any travel through any DV lottery winners who
in the national interest, of these countries, even were subject to Trump’s
as determined by the if transiting through an Proclamation 10014 and
Secretary of State, the airport such as Frank- who got a ruling that
Secretary of Homeland furt or London, will sub- they should be entitled
Security, or their desig- ject the person to yet to visas even though the
m of nees”. Thus, noncitizens another ban even after ban was still in effect.
CYRUS D. MEHTA & PARTNERS PLLC who are covered by the they spend 14 days in As we have argued
ban may be able to seek a country outside In- in a previous blog, im-
national interest excep- dia. As many countries posing travel bans such
tion waivers, but doing have imposed restric- as this one are not an
so may be difficult and tions on travelers from effective way to curb the
require proof that the India, travelers may find spread of COVID-19.
traveler works in critical it difficult to spend time Immigrant visa hold-
infrastructure.
in a third country, how- ers or U.S. citizens who
2 6th Floor The Proclamation ever. The United Arab have recently been in
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