Update on Travel Restrictions due to Covid-19

Since the Covid-19 pandemic began impacting global travel, clients have asked how these changes will impact their plans to travel to the United States. While these restrictions impact broad swaths of the world, the situation remains fluid, with frequent changes to the restrictions, as well as the countries covered.

As of today, inbound travel to the United States is restricted by presidential proclamation for people physically present in the following countries:

  • Austria

  • Belgium

  • Brazil

  • China

  • Czech Republic

  • Denmark

  • Estonia

  • Finland

  • France

  • Germany

  • Greece

  • Hungary

  • Iceland

  • Italy

  • Iran

  • Latvia

  • Liechtenstein

  • Lithuania

  • Luxembourg

  • Malta

  • Netherlands

  • Norway

  • Poland

  • Portugal

  • Republic of Ireland

  • Slovakia

  • Slovenia

  • Spain

  • Sweden

  • Switzerland

  • Monaco

  • San Marino

  • United Kingdom

  • Vatican City

The proclamations restricting travel from these countries do not apply to U.S. citizens, or to any non- U.S. citizen 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 following links provide detailed guidance on the terms of the travel restrictions for people travelling from each of the countries listed above:

In addition to these travel restrictions, the land borders to Canada and Mexico remain closed to non-essential travel. The order was also amended this week to extend the ban on non-essential travel to include coastal ports of entry. For more information, see https://www.govinfo.gov/content/pkg/FR-2020-05-26/pdf/2020-11179.pdf (PDF pages 2-7).

In addition to these restrictions on inbound U.S. travel, there also remain substantial restrictions on travel from the United States to other countries. Clients are also reporting that many scheduled international flights are being cancelled, making travel difficult or impossible. While it is possible that these legal and practical restrictions will ease over the coming weeks and months, it remains unclear when international travel may return to something resembling business-as-usual.

Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend scheduling a consultation with an experienced immigration attorney if you have questions about your situation. The information provided here is only intended as general information and is not a substitute for legal advice.

Photo credit: Tobias Rehbein (Pixabay)