A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic
By: oscarcruzdelgado - Published on November 5th, 2021
On October 25, 2021, President Biden issued a presidential proclamation titled “A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic”. Effective on November 8, 2021, at 12:01 am (ET), the proclamation moves away from country-by-country travel restrictions and adopts an air travel policy that relies primarily on vaccination, with limited exceptions. (86 FR 59603, 10/28/21)
Proclamation 10294 of October 25, 2021
Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic
The proclamation states:
This proclamation governs the entry into the United States of noncitizen nonimmigrants — that is, noncitizens who are visiting the United States or otherwise being admitted temporarily — traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it ensures that the entry of unvaccinated noncitizen nonimmigrants is consistent with applicable health and safety determinations made by the Director of the CDC, including a requirement that, where appropriate, such individuals agree and arrange to become fully vaccinated against COVID-19 upon their arrival.
Starting November 8, 2021, new COVID vaccination and testing requirements will be imposed for all air travel into the United States in lieu of the previous regional COVID travel restrictions. Before being allowed to board a plane, all air travelers coming to the United States will need to be vaccinated with FDA- or WHO-approved or authorized vaccines and provide proof of vaccination. Vaccinated travelers will also need to show a negative COVID test taken within three days of departure. There are very limited exceptions to the vaccination requirement, and non-vaccinated travelers who meet the exceptions will nonetheless need to show a negative COVID test taken within one day of departure.
See full article here.
The average case processing time for U.S. Citizenship and Immigration Services (USCIS) has been increasing for years now. In 2014 the average case took about 5 months to process this changed to 9 months in 2020.
Many factors, including inefficient processing, understaffing, and changes in policy due to COVID-19 contribute to these longer wait times.
In the meantime you can work with your lawyer to file applications as early as is legally allowed. Many renewals can be submitted as early as 180 days prior to expiration.
Form I-693, Report of Medical Examination and Vaccination Record, is required for most applicants filing for adjustment of status to become lawful permanent residents. Starting October 1st, these forms must show proof of vaccination against COVID-19. Review of vaccination documentation will require:
- A vaccination record,
- Copy of a medical chart with physician entries or,
- Review by appropriate medical personnel
Certain blanket exceptions include:
- Applicants who are too young to receive the vaccine
- Individuals who have a medical contraindication to the vaccine
- Foreign nationals who live in an area where approved vaccines are
- “not routinely available”
Make sure you are vaccinated and can show proof of your vaccination if you will be submitting an I-693 form after October 1st.
Starting Sept. 4, 2021, conditional permanent residents who filed an I-751 or I-829 form will receive a receipt notice that can be presented as evidence of continued status for up to 24 months past the expiration date of the Green Card. This change is meant to be an accommodation for the longer processing times for Form I-751 and Form I-829.
See the linked article for more details.
The Centers for Disease Control and Prevention (CDC) has added COVID-19 to the list of vaccinations required by those seeking U.S. lawful permanent residence. This requirement is to take effect on October 1st, 2021, and is required by all applicants above the age limit for available vaccines and who cannot document a medical contradiction.
To avoid delays in case processing make sure to be vaccinated!
On Monday, August 23, 2021, the U.S. Department of Homeland Security published its Advance Notice of Proposed Rule Making (ANPRM) to solicit data and information from the public which it will use to inform its public charge regulatory proposal.
For background, “under the Immigration and Nationality Act, a noncitizen who is likely to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident.” Depending on how the DHS defines “public charge” certain immigrants adjusting status could face potential inadmissibility.
To read the full article visit https://www.uscis.gov/news/news-releases/dhs-seeks-public-comment-on-public-charge-rulemaking.
You can take part by posting a public comment. The public comment period is now open and will be closing on Oct. 22, 2021.