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Travel Ban to US while minor US citizen is in India

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  • Travel Ban to US while minor US citizen is in India

    Hello, I travelled with my wife and infant to India last month. I am on H1B while my wife is on H4 visa. My infant is a US citizen. There is a travel ban from India to US starting May 4. I won't be able to go back before 4th as my visa is not yet stamped (it shows as under 'Administrative Processing'). I wanted to know if my wife and I are eligible to enter the US after 4th as per point #4 under exemptions


    It states below:
    • A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
    Immihelp.com - Comprehensive information on green card, Visitors Visa, H1 Visa, Student Visa, other visas and visitors medical insurance, newcomer to USA

  • #2
    Yes, you and your wife can enter the US, with evidence that you are the parents of your child and that your child is a US citizen.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for letting know! One thing to note though - there is no mention as to whether the US citizen should be present in the US or outside for the parents/guardians to enter the US. It may be argued that a 10-month old US citizen should not be considered as a bridge for the non-citizen parents (authorized to work in the US) to enter the country since the minor does not have a home of their own in the States and can stay with the parents in India during the ban. Any thoughts?

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      • #4
        You do not have to travel with the child for you to be able to enter the US. Just proof that you have a US citizen child is sufficient.

        This is my personal opinion and is not to be construed as legal advice.

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