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

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With immigration guidelines continuously altering with the pandemic scenario, it’s troublesome to sustain to date with all of it.

For our NRI readers, now we have began an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our crew of consultants will deal with the most urgent points.

*Please notice that questions have been edited and/or clubbed in order that we are able to deal with comparable queries directly and that the solutions are clear and related to our viewers.

Can a B-1/B-2 visa holder travel to the U.S. from India after spending 14 days in a third country earlier than arriving in the U.S.?

The brief reply is, sure. That is positively a approach to overcome the travel restrictions that apply to most vacationers who’ve been in India inside the 14 days prior to anticipated arrival in the U.S. The problem is to get to a third country that’s accepting vacationers from India. Additional, Indian nationals may have a visa to travel to the third country, which can pose a further problem as visa companies for many international locations stay suspended in India due to native lockdown circumstances. It will be a good thought to examine with a proficient travel agent to decide which country(ies) will settle for vacationers from India and which of those enable for visa-free travel or give visas on arrival to Indian nationals.

Please notice that anybody touring to the U.S. by air should present proof of a unfavorable COVID-19 take a look at taken inside three days of travel or proof of restoration from a latest COVID-19 an infection.

We now have a legitimate return ticket to Lagos however Etihad has not began but. It’s greater than a yr now. Can we declare our NRI Standing or can have to pay taxes?

I’m not a tax advisor however am conscious that NRI tax standing may very well be misplaced due to prolonged bodily presence in India. We advise you to contact a tax lawyer or a CA who has information in such issues.

I’m a inexperienced card holder and got here to India in October 2018 on a 2-year travel allow legitimate up to nineteenth November 2020. Can I travel to the U.S. or should I apply for an SB-1 visa?

If an airline will onboard you for travel to the U.S. you ought to accomplish that and request Customs and Border Patrol (CBP – immigration officers) at the port of entry to grant you admission into the country. It is crucial to take this strategy below the steering of a certified legal professional. You might be probably to be admitted into the country however could also be topic to further questioning and in some circumstances could have to current your case earlier than an immigration choose. If you face problem with boarding a aircraft to the U.S. you could ask the airline to talk with CBP’s Regional Provider Liaison Group for help with their request to enable boarding.

My spouse and I maintain legitimate L visas (L-1 and L-2). Our son is 7 years previous and is an American citizen. Presently, all of us are in India. Can all of us travel collectively to US primarily based on the exemption? What proof do we’d like to present whereas touring to the U.S.?

Sure, you can travel to the U.S. as a result of nonimmigrant visa holders (together with L visa holders) usually are not topic to travel ban primarily based on their familial relationship to a U.S. citizen or LPR partner or single minor baby and don’t want an NIE (nationwide curiosity exception). That is true even when the minor baby is just not touring with the dad or mum. Such vacationers should current proof of the qualifying relationship to airline officers when initiating travel to the United States.

I’m in the U.S. on an H-1B visa however want to go to India for a household emergency. Will I be topic to the travel ban from India? Would I be eligible for a Nationwide Curiosity Exception?

Sure, you can be topic to the travel ban until you want to travel to the U.S. for assist or government path for important infrastructure or to present important assist or government path for vital financial exercise in the United States. You might also qualify for an NIE in case your work is said to public well being response or nationwide safety. If you suppose you qualify for an NIE, you should contact the Consulate or Embassy in your jurisdiction to procure an NIE.

Please notice that nonimmigrant visa holders (together with H-1B holders), who usually are not topic to travel ban primarily based on their familial relationship to a U.S. citizen or LPR partner or single minor baby, don’t want an NIE. Such vacationers ought to current proof of the qualifying relationship to airline officers when initiating travel to the United States.

I want an M-1 Visa to be a part of appearing college in July 2021. Do I qualify for an NIE? Is there another approach to work round the restrictions on travel from India?

M-1 college students who’re topic to the travel ban due to bodily presence in India could also be eligible for NIE if the begin date of their program is August 1, 2021 or later. College students searching for to apply for brand spanking new F-1or M-1 visas ought to examine the standing of visa companies at the nearest Embassy or Consulate; these candidates who’re discovered to be in any other case certified for an F-1 or M-1 visa will mechanically be thought of for an NIE to travel. Nonetheless, at current U.S. Consulates and the Embassy in India usually are not scheduling visa interviews, that are necessary for many visa candidates. It is best to monitor the scenario rigorously for updates on these companies. College students who’ve a legitimate F-1 or M-1 visa could spend 14 days in a third country earlier than searching for to enter the U.S. Please see our response to one other query above on this subject in as we speak’s version of FAQs.

Poorvi Chothani, Managing associate, LawQuest

The creator’s views don’t essentially signify the views of ET On-line nor do they represent authorized recommendation or illustration. Observe suggestions supplied in the written supplies are primarily based on the creator’s experiences and the present state of the regulation and rules. Please make certain to conduct authorized analysis and evaluation, or interact unbiased counsel in your distinctive scenario as the regulation and necessities change shortly and the creator’s experiences could differ from your personal.

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