On April 30th, 2021, the Biden Administration announced a proclamation on the suspension of entry from India into the United States. The ban will begin on May 4th, 2021.

After reviewing the public health situation within the Republic of India, the CDC has concluded that proactive measures are required to protect the Nation’s public health from travelers entering the United States from that jurisdiction. Given the determination of CDC, working in close coordination with the Department of Homeland Security, described above, President Joseph Biden has determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Republic of India during the 14 day period preceding their entry or attempted entry into the United States.

India now joins a list of countries already subject to regional COVID travel bans, currently consisting of Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom. Individuals exempt from the travel ban include the following:

• U.S. citizens and nationals;
• U.S. lawful permanent residents;
• Spouses of U.S. citizens and lawful permanent residents;
• A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
• A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both under 21;
• A foreign national who is the child, foster child or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States on an IR-4 or IH-4 visa;
• A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
• A foreign air or sea crewmember;
• Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
• A foreign national whose entry would further important U.S. law enforcement objectives;
• A foreign national whose entry would be in the national interest; and
• Members of the U.S. armed forces and their spouses and children.

For more detailed information with regard to the suspension and limitations in place on entry into the U.S., who the restrictions apply to, and who qualifies for a National Interest Waiver, please contact our office.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

Immigration Minute - India Travel Ban - Effective May 4, 2021

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