Can CR-1 immigrant travel through EU to the US?

[Wouter 141]

Hi,

I am looking at flight options for my wife in Russia who has her CR-1 visa, and since she is not Covid vaccinated she will be flying before November 8th.

Unfortunately there are no direct flights from Moscow to San Francisco, so one option is for her to fly from Moscow to LAX but the flight connections to Moscow from her home town are terrible (either really long or super short).

So another option is for her to fly from Moscow through a major hub in Europe like Frankfurt or Paris or Amsterdam to SFO. But this is where the existing travel ban from Europe comes into play. 

Currently (allegedly until November 8th) anyone traveling from/through an EU country to the US is not allowed to enter, but I read that immigrants on a CR-1/IR-1 visa fall under a blanket exemption? Does anyone have more details about this and perhaps a link to the relevant rules on the DoS website? I also worry whether the people at the airport in Moscow or Frankfurt know about this exemption, any experiences with this? I wouldn't want her to get stuck at check in because some airline clerk doesn't know about these rules.

 

[HRQX 4,145]

9 minutes ago, Wouter said:

but I read that immigrants on a CR-1/IR-1 visa fall under a blanket exemption? Does anyone have more details about this and perhaps a link to the relevant rules on the DoS website?

Your wife is exempt: https://www.federalregister.gov/documents/2021/01/28/2021-02024/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of

Quote

Section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any noncitizen national of the United States;

(iii) any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;

(iv) any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(vi) any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vii) any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;

(ix) any noncitizen

(A) seeking entry into or transiting the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee's 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); or

(B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

 

(x) any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces;

(xi) any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

(xii) any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

 

Furthermore, all IV holders are essentially now exempt: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

Quote

These three categories of travelers are automatically considered for National Interest Exception (NIE) at the Port of Entry and do not require advance approval of a NIE from an embassy or consulate.

• immigrants of all categories (not applicable to Proclamation 10199, which only covers nonimmigrant travel);
• fiancé(e)s of U.S. citizens and their dependents (K visas);
• Students (F and M visas) as described here;
• New or returning students present in China, Brazil, Iran, South Africa, or India may arrive  no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT);

Edited October 18, 2021 by HRQX

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to COVID-19 forum -- topic is about COVID-related travel restrictions, not visa process ***