On April 30, 2021, President Biden signed a Presidential Proclamation (PP) suspending the entry into the U.S., as nonimmigrants, of certain travelers from India. This PP comes only one day after all U.S. citizens in India were advised to leave the country immediately.
Effective at 12:01am ET on Tuesday, May 4, 2021, nonimmigrants who were physically present within the Republic of India during the 14-day period preceding their attempted entry into the U.S. will be denied entry, unless an exemption or exception applies. The following individuals are exempt from this PP:
- Those on board a flight to the U.S. that departed prior to 12:01am ET on May 4, 2021
- U.S. citizens and lawful permanent residents (LPRs)
- Noncitizen U.S. nationals
- Spouses of U.S. citizens and LPRs
- Noncitizen parents of minor (under 21 and unmarried) U.S. citizens and LPRs
- Noncitizen minor (under 21 and unmarried) siblings of minor (under 21 and unmarried) U.S. citizens and LPRs
- Those traveling on diplomatic and air and sea crew visas
- Noncitizens invited by the U.S. government for purposes related to COVID-19 containment or mitigation
- Noncitizens granted a National Interest Exception (NIE) to this PP by the U.S. Secretary of State, Secretary of Homeland Security, or their designees
This PP—like PPs 9984, 9992, and 10143, which similarly restrict the entry of persons who were present in China, Iran, Brazil, South Africa, the Schengen Area (European Union), the United Kingdom, and Ireland during the 14-day period preceding attempted entry into the U.S.—shall remain in effect until terminated by the President. The Secretary of Homeland Security will evaluate COVID-19 conditions on a monthly basis and issue a recommendation to the President regarding continuing, modifying, or terminating the PPs.
T&S has advised clients against international travel to India, due to risks associated with COVID-19. Those who have an emergency need to travel to or from India in the near future should contact their T&S attorney or paralegal to discuss what options may be available.