Are B1/B2 visas issued prior to Covid Presidential Proclamations still valid?

[justmarriedusciti 7]

One of my relatives from Albania tried to board a British Airways flight to US to meet us but was not allowed to board. He flew from Albania to London on BA, but couldn't go onwards from Heathrow, and thus was put on a flight back home. 

He thought that the ban on US bound flights from UK was only for people residing in UK, and didn't apply to transit - but it did. The British Airways staff at Heathrow told him that he needs a new kind of B1/B2 visa and that his older one is null and void, even though it still has 4 years left on till it expires. He was also told to get a 212F waiver. I looked that up and it appears that the waiver is needed for residents of UK or EU only since they are on the covid travel ban list. We also contacted US embassy in Albania but they were not well informed and gave us the same info we found on DoS and DHS websites. 

 

My questions are as follows:

- Do the older B1/B2 visas issued prior to covid country restrictions still deem as valid if they haven't expired (assuming passport is of a country that's not on the ban list)? 

- Can my uncle now fly to New York via a non-banned country like Turkey or Dubai after 2 weeks quarantine at home in Albania and not need a new B1/B2 or 212F Waiver?    

[SusieQQQ 11,586]

The story he was told by the BA staff about needing a new visa sounds suspect. The visa should be valid, and yes he should be fine after spending at least two weeks in a non Covid-banned country and double checking his transit route.

 

Incidentally, was he booked through on one ticket? If so I’m surprised he wasn’t warned when he checked in in Albania. If he booked two separate tickets then it’s understandable. 

[geowrian 22,337]

As long as the visa was not voided (it sounds like he was only denied boarding...there is no CBP in London), it should still be valid. But he must remain outside any banned country for 14+ days first.

Visas issued before the EOs remain valid.

 

The country of the passport doesn't matter. It's physical presence within a banned country that triggered the 14 day ban.

If he waits the 14 days and does not stop at a banned country next time, he should be allowed to get to POE. Entry is at the discretion of CBP, as always.

 

[justmarriedusciti 7]

14 hours ago, geowrian said:

As long as the visa was not voided (it sounds like he was only denied boarding...there is no CBP in London), it should still be valid. But he must remain outside any banned country for 14+ days first.

Visas issued before the EOs remain valid.

 

The country of the passport doesn't matter. It's physical presence within a banned country that triggered the 14 day ban.

If he waits the 14 days and does not stop at a banned country next time, he should be allowed to get to POE. Entry is at the discretion of CBP, as always.

 

Yes, he was only denied boarding at the gate in Heathrow. It wasn't POE or any denial by CBP. In that situation, does CBP place any future entry restrictions on the visa holder because they were denied boarding in the past due to non-availability of said waiver? 

[justmarriedusciti 7]

23 hours ago, SusieQQQ said:

The story he was told by the BA staff about needing a new visa sounds suspect. The visa should be valid, and yes he should be fine after spending at least two weeks in a non Covid-banned country and double checking his transit route.

 

Incidentally, was he booked through on one ticket? If so I’m surprised he wasn’t warned when he checked in in Albania. If he booked two separate tickets then it’s understandable. 

It was one ticket, and he wasn't told anything about it while boarding in Albania. BA later denied accountability. They even checked his bags all the way to Chicago

[SusieQQQ 11,586]

4 minutes ago, justmarriedusciti said:

It was one ticket, and he wasn't told anything about it while boarding in Albania. BA later denied accountability. They even checked his bags all the way to Chicago

Technically he should have been the one to check the route, but I am still surprised that the original check-in agent didn’t check the documentation to final destination. I’ve always had that double checked at origin and more often flown BA via LHR than any other airline, but not from Albania (and not during Covid). 
 

6 minutes ago, justmarriedusciti said:

Yes, he was only denied boarding at the gate in Heathrow. It wasn't POE or any denial by CBP. In that situation, does CBP place any future entry restrictions on the visa holder because they were denied boarding in the past due to non-availability of said waiver? 

No impact imo. CBP probably don’t even know about it as he would have been taken off the manifest when he didn’t board the flight.

Edited September 23, 2020 by SusieQQQ

[geowrian 22,337]

CBP may or may not have seen him via the manifest (he should have been removed, but it would not be the first time where the airline sent it early and i flagged somebody). But this would only have an impact on boarding again within 14 days. As long as he waits out the quarantine period, I don't see an issue.