On March 11, 2020, President Trump issued a proclamation prohibiting the entry of foreign nationals who have been physically present within any European countries in the Schengen Area within the last 14 days.
The Schengen Area includes the following European Union countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. European countries not included in that list are not subject to the ban.
The proclamation goes into effect on 11:59 p.m. eastern daylight time on March 13, 2020, until terminated by the President.
The proclamation does not apply to the following individuals:
- – U.S. citizens;
- – Lawful permanent residents (“green card” holders);
- – Spouses of U.S. citizens and lawful permanent residents;
- – Parents or legal guardians of U.S. citizens and lawful permanent residents who are under 21 and unmarried;
- – Siblings of U.S. citizens and lawful permanent residents, as long as both the sibling and the U.S. citizen or lawful permanent reside are under 21 and unmarried
- – Children, foster children or wards of U.S. citizens or lawful permanent residents, or prospective adoptees seeking to enter the United States on an IR-4 or IH-4 visa;
- – Members of the U.S. armed forces and their spouses and children; individuals traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
- – Nonimmigrants traveling on C-1, D, or C-1/D visas as an air or sea crew member; nonimmigrants traveling on the following visas:
- – A-1, A-2, C-2, certain C-3 (foreign government officials or immediate family members of officials), E-1 (employees of TECRO or TECO and their immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); and
- – Any foreign nationals whose travel would further the objectives of Section 11 of the United Nations Headquarters Agreement, the Center for Disease Control, or U.S. national interest
- – Any foreign national not listed above who has a valid visa or entry documents and who is aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020
If you believe you may be subject to the proclamation, please contact an attorney at Minsky, McCormick & Hallagan, P.C. to discuss your options.
