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U.S. Government makes a proclamation restricting the entry of immigrants and non-immigrants who have been present african countries as a result of new variant of covid-19

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On November 26, 2021 the Biden administration published a new Proclamation restricting entry of certain travelers due to the risks of contamination and dissemination of the new variant of coronavirus B.1.1.529 (Omicron) that has been proliferating in African countries.

The 7 countries of Africa subject to this restriction are:

• Republic of South Africa

• Republic of Botswana

• Kingdom of Eswatini

• Kingdom of Lesotho

• Republic of Malawi

• Republic of Mozambique

• Republic of Namibia

• Republic of Zimbabwe

What’s changed?

The entry into the United States of non-citizen that were physically present in the countries listed above in the last fourteen (14) days is temporarily forbidden;

Who is not exempt from such restrictions:

  • Permanent resident of the United States (green card holders)
  • National citizen of the United States;
  • Spouse of a U.S. citizen or lawful permanent resident;
  • 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;
  • Sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  • 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;
  • Any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
  • Noncitizen seeking admission with the visa categories listed below:

• A-1 and A-2 

• C-1, D or C-1/D (Air and sea vessel crew)

• C-2, C-3 (as a foreign government officer or their direct family members)

• E-1 (as a TECRO or TECO employee or his direct family members)

• G-1, G-2, G-3, G-4

• IR-4 or IH-4 (children who will be adopted by an American citizen or permanent resident)

• NATO-1 via NATO-4, or NATO-6 (or seeking admission in any NATO category);

  • Any noncitizen whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement (extending privileges to representatives of the press or radio, film or other information vehicles who have been accredited by the United Nations);
  • Any noncitizen who is a member of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;
  • 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
  • Any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

We strongly recommend contacting the airline company responsible for your flight into the United States before boarding to confirm the procedures in place for the date of your entry.

To access the Proclamation click here: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/11/26/a-proclamation-on-suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019/ 


Written by Louanni Cesario Senior Associate at Drummond Advisors, and Julia Andrade, Paralegal at Drummond Advisors