Travel restrictions to Brazilians (May 24, 2020)

[Filippe Barros 0]

Hello all,

 

I've been reading the presidential proclamation on restricting travel from Brazil to the US.

I am a F-1 Visa holder under OPT STEM Extension and I'm really hoping to be able to go to Brazil for Christmas and come back to work soon after.

Now I know I'm not exempt in any of the obvious clauses there, BUT, I did find the following:

 

Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:

...

(x) any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as

determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

 

Now, reading this latter statement, it seems like if you were able to prove that upon time of entry into the united states, or time of exit from Brazil, that you are not a carrier of the virus, per CDC's determination, you could be exempt of the restrictions?

Am I interpreting this correctly? Does anyone know how one might prove that they "would not pose a significant risk of introducing, transmitting, or spreading the virus..." ?

 

I would appreciate any insight on this!

 

Thank you.

[igoyougoduke 1,662]

no CBP will blanked deny your entry / boarding at any point connecting United States directly.  

[Hilde 381]

15 hours ago, Filippe Barros said:

Hello all,

 

I've been reading the presidential proclamation on restricting travel from Brazil to the US.

I am a F-1 Visa holder under OPT STEM Extension and I'm really hoping to be able to go to Brazil for Christmas and come back to work soon after.

Now I know I'm not exempt in any of the obvious clauses there, BUT, I did find the following:

 

Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:

...

(x) any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as

determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

 

Now, reading this latter statement, it seems like if you were able to prove that upon time of entry into the united states, or time of exit from Brazil, that you are not a carrier of the virus, per CDC's determination, you could be exempt of the restrictions?

Am I interpreting this correctly? Does anyone know how one might prove that they "would not pose a significant risk of introducing, transmitting, or spreading the virus..." ?

 

I would appreciate any insight on this!

 

Thank you.

Will you be returning to the US with the same visa as you have now? The reason I ask is bc if you will need ANYTHING from the embassy, you should be prepared to stay here (in Brazil) for a while. They are only processing emergency visas and the COVID-19 numbers is Brazil are not looking good... If you can stay put, you might want to consider - given the current circumstances. 

Good luck!

[Filippe Barros 0]

Hilde,

 

Yes i would still be returning under and F-1 Visa. This would just be a quick vacation from work here in the US.

i know the circumstances are bad and all, but im still hoping Trump will lift these travel restrictions between Brazil, the numbers are not the best but it’s definitely not the worst either. If he doesn’t lift it I’m obviously not gonna travel to Brazil. 

 

My only question here though is regarding this single statement in his proclamation. I’m no attorney but i can interpret a “way out” (LEGALLY), i was just hoping one of you had an insight on it. For example, testing negative for COVID before entering or upon entry to the US would prove that im not a health threat to the country and therefore I would be exempt from the travel restriction, EVEN with my current visa.

My only other option would be to take a 14-day “vacation” in Mexico before returning to the US from Brazil but that’s my entire vacation time so not happening...

 

 

Edited October 10, 2020 by Filippe Barros

[Hilde 381]

On 10/9/2020 at 9:12 PM, Filippe Barros said:

Hilde,

 

Yes i would still be returning under and F-1 Visa. This would just be a quick vacation from work here in the US.

i know the circumstances are bad and all, but im still hoping Trump will lift these travel restrictions between Brazil, the numbers are not the best but it’s definitely not the worst either. If he doesn’t lift it I’m obviously not gonna travel to Brazil. 

 

My only question here though is regarding this single statement in his proclamation. I’m no attorney but i can interpret a “way out” (LEGALLY), i was just hoping one of you had an insight on it. For example, testing negative for COVID before entering or upon entry to the US would prove that im not a health threat to the country and therefore I would be exempt from the travel restriction, EVEN with my current visa.

My only other option would be to take a 14-day “vacation” in Mexico before returning to the US from Brazil but that’s my entire vacation time so not happening...

 

 

I only know of Greencard holders or American citizens being able to fly back at this time. I also know of someone who wanted to do the 14 day in Mexico, but ended up just stayig here and waiting it out... 

In short, there´s no definite answer right now. You could TRY to get a hold of the embassy to ask, but I am not sure they are picking up the phone, unless it´s an emergency. Maybe email??

Good luck!