Uscis Update

Presidential Proclamation – Suspension of Entry

Presidential Proclamation – Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

On March 11, the President of the United States signed a Presidential Proclamation titled: “Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus”.

  • Effective at 11:59 p.m. Eastern Daylight Time (EDT) on March 13, 2020, in accordance with this Proclamation, the entry into the United States of all aliens, with certain exceptions, who have been physically present in the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States, is suspended.
  • CBP will begin enforcement of this proclamation as it relates to any travelers that arrive in the United States on flights that departed after 11:59pm EDT on March 13, 2020.
  • There are twenty-six countries in the Schengen area: 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.

This guidance is in addition to the previous travel proclamations, which are still effective:

  • On January 31, 2020, Presidential Proclamation 9984 titled “Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures to Address this Risk.”
  • On February 29, 2020, Presidential Proclamation 9992 titled “Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel
    Coronavirus.”

The suspension of entry under the proclamation does not apply to:

  1. any lawful permanent resident of the United States;
  2. any alien who is the spouse of a U.S. citizen or lawful permanent resident;
  3. any alien who is the 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;
  4. any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  5. any alien who is the 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;
  6. any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
  7. any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
  8. any alien
  9. A. 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), E-1 (as an employee of TECRO
    or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa (or seeking to enter as a nonimmigrant in one of those NATO categories);
  10. B. whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
  11. any alien 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, through the Centers for Disease Control and Prevention Director, or his designee;
  12. any 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;
  13. any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or
  14. members of the U.S. Armed Forces, spouses, and children of members of the U.S. Armed Forces.

Airports

Also effective for flights departing after 11:59 p.m. EDT on March 13, 2020, the Secretary of Homeland
Security directed all flights to the United States1 carrying persons who have recently traveled from, or were otherwise present within, the Schengen Area within 14 days of the person’s entry or attempted entry into the United States to arrive at one of the 13 designated United States airports where the United States government is focusing public health resources to implement enhanced screening procedures. Crew, and flights carrying only cargo (i.e., no passengers or non-crew), are excluded from this requirement. This includes deadheading crew.

Those 13 designated airports are:

  • John F. Kennedy International Airport (JFK), New York;
  • Chicago O’Hare International Airport (ORD), Illinois;
  • San Francisco International Airport (SFO), California;
  • Seattle-Tacoma International Airport (SEA), Washington;
  • Daniel K. Inouye International Airport (HNL), Hawaii;
  • Los Angeles International Airport (LAX), California;
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia;
  • Washington-Dulles International Airport (IAD), Virginia;
  • Newark-Liberty International Airport (EWR), New Jersey;
  • Dallas-Fort Worth International Airport (DFW), Texas; and
  • Detroit Metropolitan Airport (DTW), Michigan;
  • Boston Logan International Airport (BOS), Massachusetts; and
  • Miami International Airport (MIA), Florida.

This list of affected airports may be modified by an updated publication in the Federal Register or by
posting an advisory to follow at www.cbp.gov.

Aliens excepted by the proclamation who have been present in the Schengen Area within the prior 14 days and who are seeking to enter the United States at an international airport must possess a valid passport and valid visa or other permissible travel authorization, and one of the following:

  • An I-551 (Green Card);
  • An A-1, A-2, C-2, C-3, E-1, G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa;
  • A C-1, D, or C-1/D visa;
  • An advance parole document;
  • Documentation evidencing that the alien is traveling at the invitation of the United States
    government for a purpose related to containment or mitigation of the virus;
  • Other documentation from the U.S. Department of Homeland Security, U.S. Customs and Border
    Protection, or U.S. Department of State indicating that the alien has been determined to fall within
    an exception identified above; or
  • For potential exceptions related to spouses, parents, siblings, or children of U.S. citizens or lawful permanent residents, documentary evidence of the qualifying relationship and status of the relative, along with travel documents that would ordinarily be required for the stated purpose of the alien’s travel.

Sections 271 and 273(b) of the Immigration and Nationality Act provide that it is unlawful for commercial carriers to transport improperly documented aliens to the United States. Carriers that transport aliens subject to the Presidential proclamation may be subject to a carrier fine for each alien brought to the United States.

Carriers are advised to take measures to ensure compliance with the terms of the proclamations and the Federal Register notice of March 13, and those published at 85 FR 6044 on February 4, 85 FR 7214 on February 7, and 85 FR 12731 on March 4. Any questions concerning the scope or implementation of the proclamations and the Federal Register notices, including the authorization for any alien to board an aircraft or otherwise travel to the United States to seek admission, should be directed to the appropriate Regional Carrier Liaison Group or other designated CBP official for adjudication prior to aircraft departure.

Regional Carrier Liaison Group:

RCLG SERVICE AREA PHONE NUMBER

Honolulu Asia, Pacific Rim 808-237-4632
Miami Latin America, Caribbean 305-874-5444
New York Europe, Africa, Mid-East 718-553-1783

1) For purposes of this Notice, “United States” is defined as “the States of the United States, the District of Columbia, and territories and possessions of the United States (including Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and Guam).

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