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Travel Bans and Quarantines Resulting From COVID

The President has issued several Coronavirus related Travel Bans in 2020,  which are independent from one another. Aliens exempt from Proclamation 10052 , an extension of Proclamation 10014 , may not be exempt from Country Specific COVID-19 proclamations.

COVID-19 Country Specific Proclamations

The United States has suspended entry into the US of all aliens including immigrants, nonimmigrants, and other non-U.S. citizens; if they were present in China, Iran, European Schengen Area, U.K, Ireland, or Brazil 14 days prior to entering the U.S with some exceptions outlined below.

Country Specific Proclamations Explained

Beginning January 2020, there were several Proclamations issued that banned the entry of aliens into the U.S. They all came under the Executive Order titled, “Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus.”

The Proclamations Issued
  1. Proclamation 9984 was issued January 31, 2020. Effective immediately on March 13, 2020 at 11:59 p.m. eastern daylight time, it suspended entry into the U.S. of all aliens who were physically present within the People’s Republic of China  14 days prior to their entry into the U.S. Excluded from this proclamation is the Special Autonomous Regions of Hong Kong and Macau.
  2. Proclamation 9992 issued February 29, 2020. (Effective immediately 5 p.m. eastern standard time March 2, 2020, suspended entry into the U.S. of all aliens who were physically present within the Islamic Republic of Iran 14 days prior to their entry into the U.S.
  3. Proclamation 9993 issued March 11, 2020. Effective immediately  at 11:59 p.m. eastern daylight time  March 13, 2020, suspended entry into the U.S. of all aliens who were physically present within the European Schengen Area 14 days prior to their entry into the U.S.
    1. The European Schengen  area includes: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtensetin, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
  4. Proclamation 9996 issued March 14, 2020. Effective Immediately at 11:59 p.m. eastern daylight time March 16, 2020, suspended entry into the U.S. of all aliens who were physically present in Ireland and the United Kingdom 14 days prior to their entry into the U.S.
    1. This Proclamation covers England, Scotland, Wales, Northern Ireland, and the Republic of Ireland.
  5. Proclamation 10041 issued May 24, 2020. Effective Immediately at 11:59 pm. Eastern daylight time May 26, 2020, suspended entry into the U.S. of all aliens who were physically present in the Federative Republic of Brazil 14 days prior to their Entry into the U.S.
Who Do These Proclamations Impact

The entry into the United States is suspended of all aliens, immigrants or nonimmigrants, who were physically present within China, Iran, European Schengen Area, U.K, Ireland, or Brazil during the 14-day period preceding their entry or attempted entry into the United States.

Who is Exempt

*Excluded from these Proclamations are Individuals who were aboard a flight scheduled to arrive in the U.S. prior to the effective time of the Proclamations.

These Proclamations do not apply to U.S. citizens, or to any alien who is:

  • A lawful permanent resident of the United States
  • A spouse of a U.S. citizen or lawful permanent resident
  • A 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;
  • A sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  • A 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;
  • An alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
  • C (transit) or D (air or sea crewmember) nonimmigrants
  • Seeking entry into or transiting the United States pursuant to an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa;
  • An alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee;
  • An alien 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
  • An alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.*
  • A member of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

The Sapochnick Law Firm will continue to monitor developments with respect to policy changes and will post updates on VisaLawyerBlog and in the firm’s Coronavirus Resource Center as additional information becomes available.

Quarantines

There have been several  presidential proclamations issued due to the novel Coronavirus, that restrict foreign nationals from entering the U.S.A, if they have been in any of the following countries: Iran, European Schengen Area, Ireland and UK, Brazil, and China.

Who Needs to Quarantine?

Beginning August 6, 2020 the State Department no longer advises U.S. citizens to avoid international travel due to COVID. DOS has also removed advice urging travelers in other countries to return home. The State Department has new country-specific travel advisories. The Centers for Disease Control and Prevention (CDC), initially did advise travelers to self quarantine for 14 days after all international travel when incoming into the USA. Currently, the CDC has removed the stance for a recommended 2- week quarantine to recommendations based on individual countries COVID Cases, and incoming travelers from the COVID hotspots. This does not exclude individuals who may be subject to mandatory quarantine by airport officials if they are displaying symptoms. This updated guidance is based on the risk of exposure a traveler may have had during their travel. The CDC recommends travelers to think about what they did, where they were, and who they came in contact with to correctly evaluate their risk of exposure to COVID-19.

Country-Specific Quarantine Requirements

Currently enhanced entry health screenings are still being conducted at U.S. airports. For more information about health screenings, please visit www.travel.state.gov .

The Sapochnick Law Firm will continue to monitor developments with respect to policy changes and will post updates on VisaLawyerBlog and in the firm’s Coronavirus Resource Center as additional information becomes available.

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