US travel ban: NRI Helpdesk: Can IR-5 immigrant visa holders travel to US despite travel ban?

I’m a US citizen and sponsored my dad and mom for immigration to the US. My dad and mom have been just lately issued an IR-5 immigrant visa. Can they journey to the US from Delhi?

They aren’t topic to the Indian journey ban. The US State Division has stated, “ immigrant visa holders aren’t topic to Presidential Proclamation 10199 associated to India, they usually stay excepted from the opposite geographic COVID proclamations per the Secretary of State.”

I feel we are going to fall beneath the beneath class. Is that this right understanding? “any noncitizen who’s the father or mother or authorized guardian of a US citizen or lawful everlasting resident, offered that the US citizen or lawful everlasting resident is single and beneath the age of 21.” If that’s the case, will our accredited I-765 EAD and I-131 AP documentation be enough for us to journey again to the USA?

We’ve not acquired any details about your baby or youngsters. Nonetheless, if in case you have US immigrant or US citizen single youngsters beneath 21, you’re exempt. Moreover, there have been some strategies from the consulates that AP vacationers are additionally exempt.

I’m a US Citizen and my fiancé is an Indian. He’s on H-1B standing and must get his Visa stamped for the primary time after going to India. We’re planning to register our marriage within the US subsequent month after which journey to India inside the subsequent 2 months to get his Visa stamped and do one other marriage ceremony in entrance of the household as per Indian tradition. Do you suppose it’s okay to register our marriage earlier than touring to India and get his Visa stamped? Or is it higher to get H-1 stamped with an NIE letter from his employer? Which is safer to reenter the US? By getting NIE by means of the employer or by registering our marriage within the US earlier than touring to India?

If he’s married to a US citizen, he doesn’t want an NIE. There isn’t a consular discretion concerned, whereas acquiring NIE as a single man can be a matter of discretion. So, getting genuinely married can be the apparent alternative (not simply “registering” a wedding).

I’m on an F-1 visa and my dad and mom have a B-2 visa and I’m 20 years of age. Can my dad and mom accompany me whereas going to the USA as that is the primary time I’ll be touring to my college?

I see no automated NIE for this example. You’re excepted, however not your dad and mom.

My spouse just lately utilized for her first H-4 visa after our marriage ceremony. She went to the interview on the New Delhi embassy, whereas I used to be nonetheless in India. Because of the journey ban being carried out throughout my keep in India, I utilized for an NIE 3 instances and received rejected every time (I’m a software program engineer). Her visa was rejected on 221g as a result of the visa officer requested to see my accredited NIE with a view to grant her a visa. I’m at the moment in a 3rd nation and might be coming into the USA subsequent week after staying right here for 14 days. Since I’ve not gotten my NIE and am coming into the USA by way of a 3rd nation, how ought to we go about resolving my spouse’s 221(g)?

She is going to both have to attend for the Covid-19 scenario to resolve or go to a 3rd nation as you probably did.

We’re Indian residents and are at the moment in Belgrade, Serbia to finish 14 days in a 3rd nation in order that we are able to proceed to the USA. The rationale for this journey is to drop our 19 years previous son (with a scholar visa) at a US college. My 15-year-old son and I are on a vacationer visa. I wish to know if my youthful son and I might be allowed to enter the USA with none downside/ hitch? We’re utterly Covishield vaccinated apart from my 15 years previous. Do we have to get PCR COVID testing performed Detrimental earlier than boarding the flight from Belgrade to NYC?

Serbia doesn’t seem on any journey restrictions record. The DOS notes, “Journey to the US instantly from Serbia or from a 3rd nation that isn’t coated by the Presidential Proclamation could also be potential…” The remainder of the data has to do with ever-changing Covid-19 necessities relevant to all nonimmigrants, which you should test earlier than you journey.
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I traveled to India with my spouse and my US-born child on July 21. My H1B visa has expired, however I’ve a legitimate H1B extension approval discover (I-797A). I received certified for Dropbox and paid the price however I do not see the supply of any slots for appointments. I’m eligible for NIE as effectively since I’m working within the healthcare sector. Do I would like NIE to journey again to India? My child is US-born. Does he have to accompany me throughout the journey to meet the NIE eligibility standards? There are at the moment no slots obtainable for dropbox appointments? What ought to I do to schedule an expedited appointment? I contacted the Chennai consulate for NIE approval based mostly on essential infrastructure eligibility standards. I received a reply from the consulate asking for the paperwork and visa web page. My present visa has expired. What ought to I do?

Getting a visa appointment and NIE are two totally different issues. You don’t want an NIE since you’re exempt from the journey ban, and your US-born baby doesn’t have to journey with you. The issue of visa stamping nonetheless stays. Except you qualify for an expedited visa appointment, you must wait. I see no hurt in not less than making an attempt for an expedited appointment based mostly upon your employment within the healthcare sector.

Can I journey from India to Mexico with an H1B US visa, keep there for 14 days, after which journey to the US?

Nonimmigrants can keep away from the Indian journey ban however not visa necessities or Covid-19 restrictions relevant to all US-bound vacationers. The journey ban may be averted by going for 14 days to any third nation that doesn’t have journey restrictions to the USA. Since you have already got a visa, After your 14 day journey exterior the US, you simply have to adjust to the overall Covid-19 restrictions relevant to all vacationers.

I stay within the US with my dad and mom. My father is at the moment on an H-1B Visa with a inexperienced card software in Course of. I want to convey my Grandparents who stay in India with a vacationer visa to the US. They’ve been totally vaccinated with 2 doses of government-approved vaccine. Will they have the ability to journey to the US within the 1st week of September?

I see no exception or exemption to your grandparents’ journey.

I’ve an O-2 visa and a 12 month NIE approval. I have to journey with my youngsters from the U.Ok. to the US. Can I add them to my NIE? What are the principles for dependents in case your exemption is already accredited? I did apply for them once I did my software and it was rejected. I feel as a result of I used their ESTA’s? However I don’t know what different foundation I might have put? Certainly single moms should have the ability to preserve their youngsters with them if they’ve a have to enter the US?

It’s best to test with the consulate. Now that you’ve got an NIE, If the kids are on a dependent visa, they’re additionally excepted. Due to this fact, they could have to get hold of O-3 visas.

How are my possibilities to get an NIE as a visible artist/ photographer from a Schengen Nation with an O-1 Visa? Second query: my O1 Visa must be stamped by a US embassy. Evidently third-country processing isn’t obtainable wherever proper now? If I return with an ESTA visa by way of e.g Croatia or Turkey my O-1 won’t be legitimate within the US, right? Do you’ve gotten another suggestions on how you can get again to my work within the US?

In case you journey on ESTA, you can’t change standing to O-1 inside the USA. You’ll keep and depart whereas on ESTA. I don’t see a visible artist/photographer coated by any exception class. At the moment, I don’t see any possibility however to attend

I’ve a legitimate visa for the USA and want to journey to Rep De Panama in the course of August. The transit time within the USA might be approx 4 hours. Can I journey to Panama after which return by way of the Dominican Republic after a month to India by way of Miami staying in Miami for 36 hours?

Basically, you’re asking about two issues. Transit by means of the US after which keep within the US. The DOS notes, “Transiting a rustic coated by the proclamation, even with out exiting the airport, counts as bodily presence inside that nation and triggers the appliance of the proclamation. The proclamation additionally applies to touring by means of a US airport to get to a different nation.”

So, you’ll want to affirm the journey restrictions from and to Panama, DR, and the US. This data is accessible on the State Division Web site.
Test right here

I’m an Indian Citizen, US Authorized Everlasting Resident (LPR) residing in Maryland, USA. My dad and mom and sister reside in Mumbai, India. Because of the Covid-19 pandemic, journey between India and the US is restricted. I’ve not met my dad and mom since July 2020 and my sister since December 2019. I used to be planning to go to them in India in Could 2021 however I canceled my journey plans as a result of rising circumstances in India. I’m reaching out to you as I search readability on present journey restrictions. Are they relevant to folks and sisters of US LPR?

The restrictions apply to your dad and mom and siblings except you’re beneath the age of 21.

My daughter is a USA citizen, 11years previous, and is presently within the USA on trip. Will I be allowed to journey from the UK to go to the USA to select her up? I’m on a B1/B2 visa and he or she lives with me however went for the summer season holidays to see her grandparents within the USA.

You should not have any downside from the Indian journey ban perspective. Carry proof of your daughter’s age and your relationship along with her. Because the US consulates in India word, “qualifying members of the family don’t want a Nationwide Curiosity Exception or any pre-approval from the Embassy or Consulates. Vacationers ought to carry proof of the qualifying relationship (corresponding to a delivery or marriage certificates) when initiating journey to the US.”

I’m an industrial engineer working within the personal sector within the USA. We’re a group of engineers inside our firm dedicated to analysis and improvement for industrial management methods. Is there any risk for us to qualify by means of the EB1-A class for inexperienced playing cards?

There are 4 potential choices for you that I can see from the essential data you’ve gotten given.

Possibility one, the extraordinary capability, EB1-A class as you’ve gotten requested. On this class, the USCIS focuses fully in your {qualifications}. Please see
right here

Due to this fact, assessing your potential inclusion on this class requires a overview of your resume.

Possibility two, the excellent researcher, EB-1B class. On this class, the main target is once more in your resume however the threshold for qualifying is decrease than that for EB1-A. The necessities for this class for an industrial (non-academic) researcher embrace the next elements:

• Your employer should petition for you
• The supplied place should be non-temporary
• The employer will need to have not less than three full-time researchers not counting you
• The employer will need to have a report of analysis or comparable achievements
• You will need to possess three years of analysis (úsually not counting your Grasp’s diploma or Ph.D. analysis) or educating expertise
• Your {qualifications} should present that your internationally “acknowledged”

Possibility three, the nationwide curiosity waiver (NIW). On this class, the main target is on the work that you simply do or plan to do. Is the work within the curiosity of the US? There are specific different elements which might be additionally examined.

Cybersecurity being a precedence, there’s a risk that the work you do on management methods might be within the US nationwide curiosity. However if you’re chargeable to India (chargeability is set normally by your nation of delivery) to your inexperienced card, this selection might not be enticing as a result of NIW is classed beneath the EB-2 class with years of ready.

Possibility 4, PERM-based inexperienced card which is pursued by a majority of overseas professionals in the US. This course of can also be referred to as “labor certification,” which requires a check of the US labor market by means of newspaper ads, and so forth.

Rajiv Khanna, Managing Lawyer, Immigration.com

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