Exceptions to the Presidential Travel Ban Proclamations

“Mayor Garcetti welcomes Mr. Vayeghan at LAX. He is the first person subjected to the President’s travel ban who was able to return to America as the result of a recent court order” by Mayor of Los Angeles is licensed under CC BY-NC-ND 2.0

Many immigrants are apprehensive about the travel bans instituted by the President at the beginning of the year. While the situation seems to change from a day to the next as far as Executive Orders and Proclamations that affect immigration, there seems to be a silver lining in the otherwise clouded immigration landscape. There are exceptions to the travel ban, and the State Department updates us on those quite regularly.

The latest update advises that National Interest Exceptions to Presidential Proclamations 10014 & 10052 include, among others: certain business travelers, investors, treaty traders, academics, and students from the Schengen Area, U.K., and Ireland.

The most important information in the State Department’s update is the one that advises concerned travelers to the US to inquire at the nearest Consulate or Embassy if they may be in one of the categories of National Interest Exception:

“Until complete resumption of routine visa services, applicants who appear to be subject to entry restrictions under P.P. 10014, P.P. 10052, and/or regional-focused Presidential Proclamations related to COVID-19 (P.P. 9984, 9992, 9993, 9996, and/ or 10041) might not be processed for a visa interview appointment unless the applicant also appears to be eligible for an exception under the applicable Proclamation(s). Applicants who are subject to any of these Proclamations, but who believe they may qualify for a national interest exception or other exception, should follow the instructions on the nearest U.S. Embassy or Consulate’s website regarding procedures necessary to request an emergency appointment and should provide specific details as to why they believe they may qualify for an exception.”

Travel.State.Gov

Since the stated motive for the travel ban was the protection of US workers, especially those in essential services, it might be helpful to consult the Homeland Security’s ADVISORY MEMORANDUM ON ENSURING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS ABILITY TO WORK DURING THE COVID-19 RESPONSE

We advise that you take the time to parse the detailed update on the State Department’s web site, to determined whether you are possibly subject to the travel ban exceptions.

As always, contacting our firm to help you navigate through the uncertainty of your particular situation is also a safe bet. Our experience and expertise is sure to be one of your best allies.