Travel Ban Left American Family Stranded Relying on H-1B Visa

Just a few short months ago, India got hit with a deadly new wave of Covid-19. Many Americans with family overseas in India decided to leave and care for relatives in need. Unfortunately, because the outbreak has been so severe H-1B visa holders fought to get back home. This temporary non-immigrant visa allows employers to petition for educated, specialized workers to live and work in the U.S.

Gaurav Chauhan was one of the Americans impacted. After hearing his father fell ill, he traveled to care for him. However, he had not foreseen the challenges he and other Indian-born visa holders would face.

Americans Navigate India Travel Ban
In May, President Biden restricted most travel from India to the United States. However, it did not impact the following groups leaving the country:

• Citizens
• Lawfully permanent residents (LPR)
• Visa holders

With leniency for Americans leaving the country, Chauhan and his family were not subject to the travel ban going out. However, they did while trying to return. As Indian nationals, the U.S. Embassy must authorize their departure. Meaning until it opened back up, he would get barred to re-enter. At the time, there was no timeline as to when the consulates would reopen their doors. As the pandemic worsened, many visa holders feared they would lose their jobs and immigration status.

Both Chauhan and his wife used social media to draw attention to the impact visa backlogs have on American families. They are not the only ones. According to NBC News, California immigration attorney Claire Pratt worked with several clients stuck by this suspension.

“I have clients who have had to postpone weddings because they are not sure they’ll be able to come back,” Pratt said to an NBC reporter.

Clients had been planning to get married. But now, their realities will look different if qualifying U.S. citizens cannot obtain the entry visas needed for their spouses if consulate operations have halted.

“I’ve also had clients who need to go back to see sick family members, and they have not been able to go because they know they cannot come back. There are definitely real-life consequences to this,” Pratt continued.

Travel Ban Still Enforced
Because of the second wave of infections, the U.S. has continued to ban travel indefinitely until the Covid situation changes. However, people traveling with visas are still allowed to enter India’s border. Most of the visa holder’s frustrations come from America’s lack of action to help them return – especially those who have established roots and built their lives here. If you are impacted by the travel restrictions or are facing a similar situation, reach out to our law offices of immigration in Los Angeles.