Travelling to India and returning US while ban is already in effect


Bal123

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Posted
I’m an H1B visa holder (valid until 2023). Both, my wife and son (9 years old) have the dependent H4 visa, while my 1.5 years old daughter is a US citizen (as she was born here in the US).
 
We all need to travel to India in July 2021, and we’ll be arriving back to the US after a few weeks, in August 2021. I’m concerned since we’ll be exiting the US while the proclamation is already in-effect suspending the entry of non-immigrants into the US. 
However, given that my infant daughter is a US citizen and hence, we’re excepted from the travel ban proclamation - can I safely assume that we’ll be permitted the smooth entry back into the US upon our return from India?
 
Please advise!
 
Thanks
Posted

As long as you or your dependents do not have to do stamping in India, you can come back to US since your daughter is a US citizen.  You must carry the original birth certificate of both your sons' (presumably issued in India) and your daughters showing that your son is dependent on you and is a minor.   You may also carry all the relevant H1b documents and may be a school enrollment/grade sheet for your son.   Just check with consulate in India to be sure.

  • 2 weeks later...
Posted

I have a question that needs similar immigration advice

My mom is in India and she is critically ill with COVID .

I have an elder brother working in Dallas and he has a kid who is US citizen and wants to visit her without the kids.

I read the proclamation regarding the India travel ban where parents of US citizens are exempted from ban.

My brother’s H1-B visa got expired and he needs stamping.  

He plans to visit my mom to take care of her for some time.

Can he visit her and come back to US ? Also, can he apply to H1-B under National  Interest Exceptions since he has a kid who is a citizen?

 Please advise.

 

  • 2 weeks later...
Posted
On 6/15/2021 at 6:11 PM, bs5 said:

I have a question that needs similar immigration advice

My mom is in India and she is critically ill with COVID .

I have an elder brother working in Dallas and he has a kid who is US citizen and wants to visit her without the kids.

I read the proclamation regarding the India travel ban where parents of US citizens are exempted from ban.

My brother’s H1-B visa got expired and he needs stamping.  

He plans to visit my mom to take care of her for some time.

Can he visit her and come back to US ? Also, can he apply to H1-B under National  Interest Exceptions since he has a kid who is a citizen?

 Please advise.

 

He should be able to come back to US under NIE.  Brother will have to carry birth certificate/passport of his kid and other relevant documents as proof of US citizen.

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