Articles Posted in Schengen Visa Ban

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Welcome back to Visalawyerblog! We have very exciting news regarding the Biden administration’s plans to rescind the Covid-19 related travel bans that have suspended and restricted entry into the United States, of immigrants and nonimmigrants, physically present within the Schengen Area, Brazil, China, India, the United Kingdom, Ireland, South Africa, and Iran since 2020.

On October 15, 2021, the White House announced that the United States will allow international travelers who are fully vaccinated against Covid-19 to enter the United States by land or air starting November 8, 2021.

This decision will lift the ban for vaccinated visitors from the affected regions.

On Friday October 15, 2021, a White House Official stated that the “CDC has already informed airlines that all FDA approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO) will be accepted for air travel. We anticipate the same will be true at the land border. These travelers are required to be prepared to attest to vaccination status and to present proof of vaccination to a CBP officer upon request. By January, foreign nationals traveling across the land border for both essential and non-essential reasons will be required to be fully vaccinated.”

While the White House is still ironing out the complete details of the new policy including what exemptions the Biden administrations will grant to the vaccine requirements, we know that only generally applicants who are fully vaccinated against Covid-19 will be allowed to enter.

The CDC considers an individual to be fully vaccinated against COVID-19:

  • 2 weeks after their second dose in a 2-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or
  • 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine

COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration include Pfizer-BioNTech, Moderna, and Johnson & Johnson COVID-19 vaccines, while COVID-19 vaccines authorized for use by the World Health Organization include AstraZeneca/Oxford, Covishield, Sinopharm, and Sinovac.

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Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.

Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.


NOTE: Adjustment of Status Filing Charts July 2021


For Family-Sponsored Filings:

Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.

All other family-sponsored preference categories (other than F2A) must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2021.

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We kick off the start of a brand-new week with some important information for immigrant and nonimmigrant visa applicants residing in regions currently affected by the four geographic Presidential Proclamations still in place, for non-citizens in the Schengen countries, the United Kingdom, China, Iran, Brazil, South Africa, and India.

The Presidential Proclamations, collectively known as the COVID-19 Geographic Proclamations are as follows:

  • Presidential Proclamation 10143 (Schengen Area, United Kingdom, Ireland, Brazil and South Africa)
  • Presidential Proclamation 9984 (China)
  • Presidential Proclamation 9992 (Iran)
  • Presidential Proclamation 10199 (India)

*The Schengen countries include 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.

The COVID-19 Proclamations were issued early on during the pandemic to help contain the rapid spread of the Coronavirus in the United States, by limiting the entry to the United States, of non-citizen travelers who were physically present in any of the impacted regions during the 14-day period, prior to their planned entry or attempted entry to the United States.

To comply with these Proclamations, U.S. Embassies and Consulates worldwide have been unable to issue nonimmigrant and immigrant visas to those who have been physically present in any of the above mentioned 33 covered countries. But all of that has recently changed thanks to new National Interest Exception designations made by the Secretary of State for certain types of travelers.

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In today’s blog post, we are happy to bring our readers some very exciting news.

On April 26, 2021, the Department of State formally announced a new National Interest Determination for certain categories of nonimmigrant visa applicants currently unable to enter the United States due to COVID-19 related Regional Presidential Proclamations issued earlier this year. This new determination will allow certain travelers to obtain their visas and enter the United States, despite the issuance of COVID-19 related Regional Presidential Proclamations, known as Presidential Proclamations 9984, 9992, and 10143.

These Proclamations were issued early last year to prevent the rapid spread of COVID-19 to the United States, specifically from China, Iran, Brazil, South Africa, the Schengen countries, the United Kingdom, and Ireland.

Such Proclamations had the effect of restricting and suspending the entry into the United States, of both immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States. Few categories of individuals were exempted from these Presidential Proclamations, including lawful permanent residents of the United States (green card holders), spouses of U.S. Citizens or lawful permanent residents, and others who were similarly exempted.

Individuals who have not been specifically exempted from the Regional Proclamations and have remained physically present in the impacted regions, have been unable to proceed with visa processing. Consulates worldwide have refused to grant visas to these individuals due to the enforcement of the Proclamations.

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