A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Tuesday, May 4, 2021

President Proclamation Restricting Entry from India with Exceptions

Effective May 4, 2021, the United States is suspending entry of individuals into the United States, as nonimmigrants, of noncitizens who were physically present in India during the 14-day period preceding their entry or attempted entry into the United States, according to a President Proclamation announced on April 30, 2021.  The restriction is based on the current number of Covid cases in India.

The following individuals are exempt from this entry restriction: 

  • Lawful permanent residents of the US (green card holders)
  • Noncitizen nationals of the US
  • Spouses of US citizens or premanent residents
  • Parents or legal guardians of a US citizen or permanent resident, provided that the US citizen or lawful permanent resident is unmarried and under the age of 21
  • Siblings of a US citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  • Children, foster children, or wards of a US citizen or  permanent resident, or who are a prospective adoptees seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
  • Invitees of the United States Government for a purpose related to containment or mitigation of the virus;
  • Persons holding C-1, D, or C-1/D nonimmigrant visas as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;
  • Diplomatic visa or NATO visa holders
  • Travellers pursuant to Section 11 of the United Nations Headquarters Agreement
  • Members of the US Armed Forces or their spouses and children
  • Other individuals otherwise authorized by the US government 
  • Individuals who are eligible for asylum, withholding of removal, or protection under the Convention Against Torture 

Individuals who meet the requirements for National Interest Exception waivers, as determined by the Department of State, are also eligible to enter the US.  They include fiances of US citizens, certain students, journalists, exchange visitors, people who provide support for critical infrastructure sectors, pilots, travellers for humanitarian, public health response, and national security reasons, etc. 

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