UPDATE: India Travel Ban: What You Need To Know

Last week, President Biden announced travel restrictions for individuals traveling to the United States from India. The restrictions are a response to the rapid expansion of infections of COVID-19 and its variants. India recently reported over 200,000 new cases on a daily basis with 3,000 deaths. The US is sending aid as quickly as possible, in the form of vaccinations and medical supplies. However, if you are planning on traveling to or from India, the restrictions affect you immediately. Here is what you need to know:

When do the travel restrictions go into effect?

The travel restrictions go into effect on Tuesday, May 4, 2021. There is no predetermined date to rescind the travel restrictions. The administration will continue to monitor the infection rate and adjust when deemed appropriate.

 

Does the travel ban affect everyone?

The travel ban does not include U.S. citizens or permanent residents or the spouses of U.S. citizens and permanent residents. Parents of U.S. citizen children or lawful permanent resident children are also exempted from the ban, as long as the children are unmarried and under the age of 21. Some other exemptions include humanitarian effort workers, foreign students coming to the U.S. for studies in the Fall of 2021, some educators, journalists and those who travel for national security, as outlined by the State Department.

Unless specifically exempted by the proclamation based on one of the scenarios described above, the travel ban will apply. This means that if you have been in India for a 14-day period prior to entry to the U.S., you will be denied entry.

For foreign students, a valid F-1 or M-1 visa will be required. For students starting in the fall, the program start date must be August 1 or after. As a reminder, an F-1 or M-1 student cannot come to the U.S. more than 30 days before the program start date. With limited consulate activities due to the pandemic, it is important that students closely monitor their individual situations and plan accordingly. Even with an approved F-1 or M-1 application, the visa must still be processed by a U.S. consulate office in order to travel to the U.S., which could present additional challenges. As we have seen over the last year, even without a travel ban in place, consulate closures are unpredictable and this can cause major delays in visa processing. Individuals seeking to enter the U.S. in the fall on F-1 or M-1 status – or any other exempted category – will need to be diligent and proactive about obtaining a visa appointment for stamping.

Those that qualify for an exemption to the travel ban should review the website of their nearest U.S. embassy or consulate. It is important to check the consulate’s website for the best way to contact their office, for any clarification needed. Since each consulate may be handling things differently or operating under different circumstances, it is important to check with the consulates directly.

 

If I’m a U.S. citizen or permanent resident, do I need to do anything else to enter the U.S.?

There are requirements to enter the U.S.  even for those that qualify for an exemption under the travel ban. This includes a negative COVID test, which must be taken within 3 days prior to travel. Vaccination status, however, is currently not a requirement for entry. Even if you have been vaccinated, a negative COVID test will still be required within the given time frame. Once those exempted from the ban enter the U.S., they will be required to self-isolate for 3-5 days and be retested for COVID. The test must be negative in order to leave self-isolation.

 

What if I already booked an airline ticket?

Travel is restricted to the above requirements, even if a ticket has been purchased. Contact your airline carrier for a refund, if the ban applies to you.

 

What other countries have been restricted from travel to the U.S.?
Several other countries have similar restrictions, including the United Kingdom, the European Union, Brazil, China, and Japan, among others. The U.S. continues to monitor COVID trends globally and address restrictions as appropriate.

 

We will continue to monitor the situation in India and how this may affect the immigration status of our clients. If you have concerns or questions, please reach out to an ILBSG attorney today. Each situation must be evaluated on a case by case basis and we are here to help. We will work with you to ensure you get the right advice.