NRI Helpdesk: Are you able to journey to the USA as a partner of a inexperienced card holder regardless of the journey ban?


With immigration guidelines consistently altering with the pandemic state of affairs, it’s tough to maintain updated with all of it.

For our NRI readers, we’ve began an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our crew of consultants will handle probably the most urgent points.

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



My daughter lives within the U.S. I’ve a U.S. vacationer visa. How regularly can I journey to the U.S.?

At this level, direct journey to the U.S., from India, on a customer visa isn’t permitted in view of the U.S. Presidential journey ban. Nonetheless, for those who had been to spend 14 days in a rustic that’s not topic to any U.S. journey ban you possibly can doubtlessly journey to the U.S. Please observe that the journey bans are scheduled to be lifted on November 8, 2021 for absolutely vaccinated overseas travellers. Nonetheless, it is very important verify airline protocols and what constitutes as “absolutely vaccinated” earlier than making any journey plans.

Our son, a U.S. citizen utilized for IR5 visa for us and we’ve been documentarily certified since April 26, 2021 and ready for interview letter. What’s the present state of affairs relating to immigrant visa interviews in India?

Since March 2020, the COVID-19 pandemic has dramatically affected the Division of State’s potential to course of immigrant visa purposes. U.S. embassies and consulates are working to renew routine visa providers on a location-by-location foundation. As well as, they’re grappling with constraints based mostly on native circumstances and restrictions, together with native and nationwide lockdowns; journey restrictions; host nation quarantine rules; and measures taken by the embassies and consulates to include the unfold of COVID-19. Set out beneath is a desk that will provide you with an concept of the
measurement of the backlog (accessed on October 20, 2021). In view of this, even documentarily prepared visa candidates are prone to face lengthy waits.

Variety of IV candidates whose circumstances are documentarily full at NVC and prepared for interview as of September 30 494,566
Variety of documentarily full IV candidates scheduled for October 2021 interview appointments 25,675
Variety of eligible IV candidates nonetheless pending the scheduling of an interview after October 2021 appointment scheduling was accomplished 468,891

Lastly, dad and mom usually are not thought of an exception underneath the present ban on journey from India and usually are not being prioritised for interviews. The journey ban is scheduled to be lifted in early November 2021.

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My son, an Indian citizen, has been in India since April 2021 and wanted an H-1B visa stamp to return to the U.S. He had come to get his H-1B Visa stamped on 18th April. His visa was issued on September 15, 2021. Please let me understand how lengthy he can keep in India as his employer has agreed to let him work from India with none limitations.

Will he have drawback with the U.S. immigration authorities if he stays past six months?



There isn’t any restrict on the time your son can stay in India as he’s an Indian citizen and he can proceed to work from India. If the employer continues to depend on the H-1B petition to your son and has not withdrawn or cancelled it, the employer needs to be paying your son his

H-1B wage. His wage could also be topic to Indian tax. As well as, the employer could also be operating company tax dangers in India because it makes use of the providers of an worker based mostly in India. Please observe that It’s crucial to get impartial tax recommendation to handle all issues associated to tax.

Additional, when your son does arrive within the U.S. on his H-1B visa the immigration officers on the port of entry might problem his must be within the U.S. to render providers since he appears to have successfully rendered these providers from outdoors the U.S. In such circumstances it’s best to return to the U.S. Please observe that your son might have a Nationwide Curiosity Exception approval to journey to the U.S. previous to November 8, 2021, which is the date that the ban on journey from India for absolutely vaccinated overseas nationals is slated to be lifted.

4.
I want to know whether or not Inexperienced Card holders of Indian origin (Indian passport) must have a UK visa if transiting from London? Additionally for the opening up from U.S. in Nov 21 for absolutely vaccinated people what’s the present protocols & tips.
No, a transit visa is usually not required for a U.S. inexperienced card holder. Nonetheless, it’s prudent to have a legitimate visa when travelling via any nation in order that if there are unexpected delays, particularly in pandemic circumstances you should have the choice of remaining within the nation for a while.

The U.S. authorities is but to announce tips and protocols concerning the upcoming journey ban elevate in November 2021.

We have now been listening to about USCIS beginning a premium processing service for H4 and EAD (amongst others) for a very long time. Has this been carried out?
There isn’t any replace on this matter. The USCIS has not made any additional bulletins pertaining to premium processing being relevant for H-4 and EAD candidates.

I might be Travelling to India in November (because the journey ban has been lifted and I’m absolutely vaccinated). However I’ve an previous visa stamp from my employer (nonetheless with the identical employer) with an expiration date in 2020. However I even have I-797A, from the identical employer, proving that the brand new expiration date is in 2023. Provided that the consulate in Mumbai is just minimally processing and the possibilities of going via Dropbox are subsequent to nil, are you able to advise if the paperwork I’ve might be sufficient to renter the U.S.

One wants a legitimate visa to enter or re-enter the U.S. An I-797 approval discover is inadequate to enter the U.S. It’s a doc that establishes eligibility to use for a visa however isn’t a visa, which is a journey doc. It might be greatest to finish the net utility and safe an appointment previous to leaving the U.S. so that you’re not caught in India ready for an appointment even when it is just a “dropbox” appointment.

I’ve been an US citizen since 1984, and have been staying in India for about 15 years now underneath OCI card scheme. I bought married in 1975 and my spouse went with me on F-2 visa at the moment. Then, in 1978, we each bought our inexperienced card. Within the 12 months 2014, my spouse surrendered her inexperienced card on the US Embassy in New Delhi, and that point, she was granted a 10-year customer visa. My spouse now needs to spend extra time with my son, within the USA. Can I sponsor her for her inexperienced card once more and the way lengthy would it not take?

There isn’t any restriction on sponsoring your spouse for a inexperienced card although she gave up a inexperienced card previously. Usually, a partner’s inexperienced card utility is authorized and a visa is issued inside a 12 months. Nonetheless, as a result of COVID-19 circumstances there are extreme delays at numerous phases of the appliance and visa course of. Therefore it’s tough to estimate when your spouse might obtain a inexperienced card.

Can a person journey to the U.S. whereas a inexperienced card utility filed on their behalf is pending? Can I file a inexperienced card utility for her if she is within the U.S. with me?

A person with a legitimate, acceptable visa might journey to the U.S. and search admission into the nation. Nonetheless, when touring on a customer’s visa it’s essential to show non-immigrant intent, a prerequisite to getting into the U.S. as a short lived traveller in lots of classes.

One can file a inexperienced card utility for an individual who’s inside the U.S. Nonetheless, there are some critical dangers in doing so and it might influence journey whereas the appliance to regulate standing inside the U.S. is pending. You will need to acquire particular authorized steering when planning your inexperienced card utility and course of.

Could I journey to the U.S. because the partner of a inexperienced card holder since journey on a B-1/B-2 visa continues to be prohibited in view of the U.S. ban on journey from India?

It’s possible you’ll journey to the U.S. as a partner of a inexperienced card holder as that class is exempt from the journey ban. Nonetheless, you’re proper, at present, B-2 visa holders travelling from India on to the U.S. usually are not permitted to enter the nation on account of the Presidential journey ban. Nonetheless, it has been introduced that the U.S. journey ban from India might be lifted on November 8, 2021 for absolutely vaccinated overseas travellers. Additional particulars are anticipated quickly.

I used to be beforehand employed by Firm A however am now employed by Firm B in H-1B standing. If I’ve an H-1B visa that’s legitimate till September 2022 (issued to work with firm A), do I would like to acquire a brand new visa to enter the U.S. after a visit abroad?

You probably have a legitimate I-797 Approval Discover with Firm B, it’s possible you’ll journey to the U.S. with the approval discover and the prevailing visa stamp associated to Firm A. You could present each paperwork on the port of entry. You don’t want to use for a brand new H-1B visa offered you search admission into the U.S. earlier than your visa expires.

Poorvi Chothani, Managing companion, LawQuest

The creator’s views don’t essentially characterize the views of ET On-line nor do they represent authorized recommendation or illustration. Observe suggestions offered within the written supplies are based mostly on the creator’s experiences and the present state of the legislation and rules. Please you’ll want to conduct authorized analysis and evaluation, or have interaction impartial counsel to your distinctive state of affairs because the legislation and necessities change rapidly and the creator’s experiences might differ from your individual.




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