On September 15, 2020, the Department of Homeland Security issued a Notification of Termination of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled from or Were otherwise Present Within Certain Countries. This notice eases the arrival restrictions set forth by the Department of Homeland Security.
In response to the COVID-19 pandemic, the United States previously implemented travel restrictions for foreign nationals who had been physically present in certain countries 14 days prior to entering the United States. Along those lines and to slow the spread of COVID-19, Presidential Proclamations were executed to restrict foreign nationals that had physically been present in China. These restrictions came into effect on February 2, 2020. Similar orders subsequently restricted the entry of foreign nationals coming from Iran, European Schengen area, the United Kingdom, the Republic of Ireland and Brazil. Furthermore, DHS directed that all available flights from these restricted countries be funneled through 15 designated airports to conduct enhanced COVID-19 screening for eligible travelers by public health resources. These restrictions did not apply to U.S. citizens, permanent residents, or immediate relatives (spouse, parent and child) of U.S. citizens.
Foreign nationals that were physically present in one of the restricted countries were required to demonstrate that they had not physically been in any of the restricted countries for at least 14 days prior to seeking entry to the United States. Travelers that had been physically present in restricted countries essentially had to plan extended (14 day) layovers at a non-restricted country such as Mexico or Canada before seeking entry to the United States.
The recent notification eases the arrival airport restrictions. According to the DHS notification, the arrival restrictions are terminated as of 12:01 a.m. EDT on September 14, 2020. It will ease the enhanced public health screening at designated airports. Eligible travelers are now permitted to enter the United States despite having been physically present in a restricted country. Eligible travelers may also arrive at any U.S. international airport on or after September 14, 2020. All travelers are still subject to routine inspection by Customs Border Patrol for admissibility. Eased travel restrictions do not guarantee admission to the United States. Please note that this does not change the parameters of the Suspension of Entry of Certain Immigrants and Nonimmigrants set forth by the Presidential Proclamations. In other words, the Presidential Proclamations still remain in effect and obtaining visa labels in passports must be done through the appropriate U.S. Consulates which still remain closed absent specific exceptions.
Wilner & O’Reilly is a multi-state law firm exclusively dedicated to the practice of immigration law. We understand the complexities of immigration law and have a team of experienced professionals who are here to help. We also offer free consultations and have offices in Orange, Riverside, San Diego, Fresno, Sacramento, and San Francisco, California; Salt Lake City and Orem, Utah; and Boise, Idaho.
CHIEN-YU (MICHAEL) WANG – Managing Attorney – Sacramento
Chien-Yu (Michael) Wang is the Managing Attorney at Wilner & O’Reilly’s Sacramento office. He handles both family and business-based immigration matters along with removal defense. Mr. Wang is admitted to the State Bar of California and the U.S. District Court for the Central and Eastern Districts of California. He is a member of the Los Angeles County Bar Association, the Southern California Chinese Lawyers Association, the Sacramento County Bar Association and the Asian-Pacific Bar Association of Sacramento. Mr. Wang graduated from the University of California, Davis with a Bachelor’s Degree in Japanese and East Asian Studies, and also studied at the Waseda University in Tokyo, Japan. He earned his Juris Doctorate
RICHARD M. WILNER – FOUNDING PARTNER
Richard M. Wilner is a founding member of Wilner & O’Reilly, APLC, and is Board Certified by the State Bar of California as a Specialist in Immigration and Nationality Law. He is admitted to practice law in the State of California and before the U.S. District Courts for the Central, Northern and Southern Districts of California, the Northern District of Texas, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court.Mr. Wilner has received the coveted Martindale-Hubbell AV Rating, the highest legal and ethical rating that one can receive from one’s peers in the legal community. Similarly, he has been awarded the title of Super Lawyer from 2007 to the present. He is best known for his work in advising Fortune 500 companies, middle and small market businesses, entrepreneurs, and foreign nationals of extraordinary ability in athletics, arts, and sciences in the complex area of U.S. Immigration and Nationality Law.