A few Indians have joined other plaintiffs in an ongoing litigation that challenges the Covid-related travel ban to the US.
An amended complaint (lawsuit petition) was recently filed with the district court of Columbia to include the travel ban for those physically present in India.
On April 30, President Joe Biden issued a proclamation restricting the entry of non-immigrants who were in India 14 days preceding travel.
The measure was announced following a surge of cases across India due to Covid variants. The US also has in place virus-related travel ban for several other countries.
While green card holders were exempt, it hit those holding H-1B visas or H-4 dependent visas who were visiting India for various reasons, including to care for Covid-stricken kin.
“Several plaintiffs are longterm employees of US companies, who have been stuck outside of the US and whose careers are at risk, as they cannot return to their jobs and homes,” the petition said.
The plaintiffs contend that multiple court decisions in the past have ruled that a suspension of entry does not authorise the department of state to institute a ‘no-visa’ policy for the affected, eligible individuals.
According to immigration experts, it is fallacious that individuals in some visa categories are allowed to enter (eg: green card holders, students whose course is scheduled to begin), while those holding others visas are not. Instead, vaccination proof, negative test and quarantine will be more practical, they said.
