Monday, January 25, 2021

New Presidential Proclamation Suspends Some International Travel

Today 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.

What does the proclamation do: suspends the entry of certain non-citizens into the United States.

Who is affected: Non-citizens 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, or the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States.

Who is exempt: Many, many categories of non-citizens are exempt from this suspension proclamation, including:

(i) any lawful permanent resident of the United States;
(ii) any noncitizen national of the United States;
(iii) any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;
(iv) any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(vi) 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
(vii) any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(viii) 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;
(ix) any noncitizen (A) 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 (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(x) 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
(xi) 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
(xii) 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.

When does the suspension start: 12:01 on Jan. 26 for all countries other than South Africa; 12:01 on Jan. 30 for South Africa.

-KitJ

https://lawprofessors.typepad.com/immigration/2021/01/new-presidential-proclamation-suspends-some-international-travel-.html

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