Mumbai: The US District Court Judge has banned the use of travel prohibits as an excuse not to process or issue a visa, such as H-1BS – non-immigrant visa.
While the US prepared to open the door from November to a fully vaccinated tourist, this decision by the Columbia District Court, which was spoken on October 5, was good news for those who held H-1Bs and their dependents (such as the couple who held a H4 visa) who had been Find themselves stranded in India while visiting their family.
The people allocated H-1B under the lottery mechanism also find themselves cannot process their visas.
The prohibition of travel was enacted under ‘Proclamation of President’ before by former President Donald Trump and then by President Joe Biden.
Fallout is that visa processing stops.
There are no non-immigrant visas issued, unless individuals can claim ‘national interests’ exclusions’ – challenging tasks.
Read residents also joined the ban on a challenging Covid trip for Usmumbai: Some Indians now joined other plaintiffs in ongoing litigation, challenging prohibited trips related to Covid to the US.
Changed Complaints (Lawsuit Petition) Recently submitted with the US District Court (Columbia) to include a travel ban for those who attended physically April 30, Biden has issued a proclamation that limits the entry of non-immigrants (green card holders released from prohibitions ) Which is physically present in India for a period of 14 days before entering or trying to enter the US.
Ti previously reported about filing a lawsuit by several individuals, including Indian citizens.
“Some Plaintiffs are long-term employees of US companies, who have been trapped outside the US and whose careers are at risk because they cannot return to work, homes and communities.
All individual plaintiffs have suffered additional costs, stress and frustration that do not Supposedly while waiting for the resumption of non-immigrant department of non-immigrant visa processing, “said the lawsuit.
Sent in front of the District Court that the US State Department refused to process interviews scheduled their non-immigrant visas or prosecuted their visa applications’, or ‘to issue a visa’ as a result of the President’s Proclamation.
They also showed that “consular officials were driven from processing their visa applications unless they were under the exception, regardless of the capacity and reopening of the status of consulate and embassy”.
While James James E.
Boasberg did not order the US Department of Foreign Affairs to immediately try the lawsuit, he had harmed the use of the proclamation of travel prohibitions as a reason to reject visa processing.
Greg Siskind, one of the immigration lawyers representing the Plaintiff, said: “This is a fairly important victory for us because it is specifically aimed at killing illegal interpretations throughout the council and not only for the Plaintiff.
This is also hopefully expecting the President In the future of abusing this power.
“Charles Kuck, other immigration lawyers representing the Plaintiff added:” We are grateful that Judge Boasberg sees through the cascade of unfounded legal theory submitted by the State Department to finally and firmly that it is a violation of the federal law to refuse Problems.
VISA Solely because the President has proclaimed the entry ban under the Act of Immigration and Nationality – 212 (F).
We call in the State Department for now with the release program of national interests that are ridiculous and unnecessary and return to the publishing business Visas around the world regardless of soft mas UK.
“
Good news for H-1B visa holders stranded in India
