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NRI Helpdesk: Can you travel to the U.S. from Republic of india via a third country to avoid travel restrictions?

Synopsis

For our NRI readers, we accept started an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our team of experts volition accost the most pressing bug.

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With immigration rules constantly changing with the pandemic situation, it is hard to keep up to date with it all.

For our NRI readers, we have started an immigration helpdesk. Write to united states at nri.economictimes@gmail.com and our team of experts volition address the most pressing issues.

*Please note that questions take been edited and/or clubbed so that we can address like queries at once and that the answers are clear and relevant to our audience.

Can a B-i/B-2 visa holder travel to the U.Due south. from Bharat after spending 14 days in a third country before arriving in the U.S.?
The brusk answer is, yes. This is definitely a manner to overcome the travel restrictions that utilise to nearly travelers who have been in India within the 14 days prior to anticipated arrival in the U.S. The challenge is to get to a third country that is accepting travelers from India. Further, Indian nationals may need a visa to travel to the third country, which may pose an boosted challenge every bit visa services for most countries remain suspended in Bharat due to local lockdown conditions. It would be a good idea to check with a proficient travel amanuensis to determine which country(ies) will have travelers from Bharat and which of these let for visa-costless travel or give visas on arrival to Indian nationals.

Please note that anyone traveling to the U.South. by air must provide evidence of a negative COVID-19 test taken within three days of travel or prove of recovery from a contempo COVID-19 infection.

We have a valid render ticket to Lagos but Etihad has non started nevertheless. Information technology is more than a year at present. Tin can nosotros merits our NRI Status or will have to pay taxes?
I am non a taxation counselor but am enlightened that NRI tax condition could be lost due to extended concrete presence in India. We advise you to contact a tax lawyer or a CA who has knowledge in such matters.

I am a green card holder and came to India in October 2018 on a 2-twelvemonth travel permit valid upwardly to 19th November 2020. Tin can I travel to the U.S. or must I use for an SB-1 visa?
If an airline will onboard you for travel to the U.S. you should do so and request Customs and Border Patrol (CBP - immigration officers) at the port of entry to grant yous admission into the country. It is of import to take this approach under the guidance of a qualified attorney. You are virtually probable to be admitted into the country but may be subject field to boosted questioning and in some circumstances may have to present your instance before an immigration judge. If you face difficulty with boarding a plane to the U.S. you may ask the airline to communicate with CBP's Regional Carrier Liaison Group for aid with their request to permit boarding.

My married woman and I hold valid Fifty visas (L-1 and 50-2). Our son is 7 years former and is an American citizen. Currently, we all are in India. Tin we all travel together to US based on the exemption? What proof do we need to provide while traveling to the U.S.?
Yes, you tin travel to the U.South. because nonimmigrant visa holders (including L visa holders) are non subject to travel ban based on their familial relationship to a U.South. citizen or LPR spouse or unmarried minor child and practise non need an NIE (national interest exception). This is true even if the minor kid is non traveling with the parent. Such travelers must nowadays proof of the qualifying human relationship to airline officials when initiating travel to the The states.

I am in the U.Due south. on an H-1B visa simply need to visit India for a family emergency. Will I be subject to the travel ban from India? Would I be eligible for a National Interest Exception?
Yeah, you will exist discipline to the travel ban unless y'all demand to travel to the U.Due south. for support or executive direction for critical infrastructure or to provide vital support or executive direction for significant economic activity in the U.s.a.. You may also authorize for an NIE if your work is related to public health response or national security. If you think yous authorize for an NIE, you must contact the Consulate or Embassy in your jurisdiction to procure an NIE.

Please note that nonimmigrant visa holders (including H-1B holders), who are not subject to travel ban based on their familial relationship to a U.S. citizen or LPR spouse or unmarried minor kid, practise not demand an NIE. Such travelers should present proof of the qualifying human relationship to airline officials when initiating travel to the United States.

I need an M-1 Visa to join acting schoolhouse in July 2021. Practise I qualify for an NIE? Is there any other fashion to piece of work around the restrictions on travel from India?
M-ane students who are subject field to the travel ban because of physical presence in India may be eligible for NIE if the start date of their plan is August i, 2021 or later on. Students seeking to utilise for new F-1or M-1 visas should check the status of visa services at the nearest Embassy or Consulate; those applicants who are found to exist otherwise qualified for an F-i or Chiliad-1 visa will automatically exist considered for an NIE to travel. However, at nowadays U.S. Consulates and the Embassy in India are not scheduling visa interviews, which are mandatory for most visa applicants. You should monitor the situation carefully for updates on these services. Students who have a valid F-1 or M-ane visa may spend 14 days in a tertiary land before seeking to enter the U.S. Please see our response to another question higher up on this topic in today's edition of FAQs.

Poorvi Chothani, Managing partner, LawQuest

The writer's views practise not necessarily correspond the views of ET Online nor do they establish legal advice or representation. Do tips provided in the written materials are based on the author'due south experiences and the electric current land of the law and regulations. Please be sure to acquit legal enquiry and analysis, or engage independent counsel for your unique situation as the law and requirements alter chop-chop and the author's experiences may differ from your own.

( Originally published on Jun 12, 2021 )

(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of world wide web.economictimes.com.)

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