Immigration Alert: Travel to the U.S. from India Restricted

The White House has issued a new Presidential Proclamation, limiting travel due to COVID concerns. The U.S. will now officially impose restrictions on travel from India, as of this Tuesday, May 4th at 12:01 am EDT. After that time, anyone who has been in present in India within the preceding fourteen (14 ) days cannot enter the U.S.

Exceptions to this most recent COVID travel ban include the following:

• U.S. Citizens and Lawful Permanent Residents.
• Spouses of U.S. Citizens and Lawful Permanent Residents.
• Parents/Legal Guardians of U.S. Citizens and Lawful Permanent Residents, provided the U.S. Citizen or Legal Permanent Resident is unmarried and under the age of 21.
• Siblings of U.S. Citizens and Lawful Permanent Residents, provided both are under the age of 21.
• Children, foster children, or wards of U.S. Citizens and Lawful Permanent Residents, or prospective adoptee.
• Members of the U.S. Armed Forces and their spouses and children.
• Individuals traveling at the invitation of the U.S. Government for a purpose related to COVID containment or mitigation.
• Certain individuals entering the U.S. for government business, law enforcement objectives, or in the national interest.
• Individuals whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services.

With this Proclamation, India joins a list of other countries, subject to similar restrictions. These include the U.K., Ireland, the People’s Republic of China (excluding Hong Kong and Macau), Iran, Brazil, South Africa, and countries from the Schengen region including Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. For direct travel from one of these countries, the State Department provided additional guidance this past week regarding National Interest Exemptions. In addition, anyone flying into the U.S., including Citizens and Lawful Permanent Residents, must provide documentation of a negative COVID test taken within three (3) days of travel, or, similar evidence of recovery from a recent COVID infection.

We will continue to monitor this situation closely, and provide updates as they become available. Please contact me or another member of our Immigration Practice Team if you have any questions, or would otherwise like to discuss.