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PRESIDENT BIDEN'S NEW TRAVEL BAN

Posted by PR Team on Jan 25, 2021 9:26:44 PM

pllc_pollak_logo_orangeToday January 25, 2021, President Biden issued a “Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease.”   In regard to both immigrants and non immigrants:

1.  The Proclamation maintains travel restrictions on individuals from the Schengen Area, U.K., and Ireland.  It is effective at 12:01 am (ET) on January 26, 2021, for these countries.  

2.  The proclamation precludes entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States  

3.  In addition,  previous restrictions implemented by the Trump Administration remain for both China (Proclamation 9984) and Iran (Proclamation 9992).

4.  The Proclamation also adds South Africa to the list of countries with restrictions on entry into the U.S. The effective date of the suspension and limitation on entry from South Africa is 12:01 am (ET), January 30, 2021. States   The proclamation precludes entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States.

5.  The Proclamation will remain in effect until it is terminated, and orders the Secretary of Health and Human Services to provide a recommendation as to whether the Proclamation should be continued, modified, or terminated 30 days from issuance, and by the end of each month thereafter. 

Press Secretary Jen Psaki confirmed that beginning January 26, 2021, all international travelers to the U.S. must provide proof of a negative COVID-19 test to airlines within three days prior to their departure.

The Proclamation does not apply to the following:

-Permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

-any lawful permanent resident of the United States;

-any noncitizen national of the United States;

-any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;

- any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident

 -any noncitizen who is the sibling of a U S citizen or lawful permanent resident provide  that both are unmarried and under the age of 21;

- any noncitizen 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 pursuant to the IR-4 or IH-4 visa classifications;

-any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

-any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;

-Any noncitizen seeking entry into or transiting the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

- whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

-any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces;

-any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

-any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

- Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

We will continue to provide updates  as they become available   

Tags: Immigration 101, Nonimmigrant Visas, Travel Ban

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