The Coronavirus and Entry into the United States

As most people know by now, the United States has issued a temporary travel ban on individuals entering the United States, which took effect yesterday (Sunday) at 5 pm. Any U.S. citizens and permanent residents who have been to the Hubei Province (which includes the city of Wuhan) face a 14-day quarantine on return. Any U.S. citizens and permanent residents who have been to China within the past 14 days from their return will be tested at the airport and are asked to isolate themselves for 14 days, subject to heightened monitoring. Foreign nationals who have traveled to China within the last 14 days will be barred entry into the United States, regardless of country of origin. The only exception for foreign nationals is immediate family of U.S. citizens and permanent residents who otherwise have a legal right to enter the United States.

Under U.S. Immigration law “Immediate relatives” are defined as spouses, parents and children under 21 of the U.S. citizen or permanent resident. Assuming this is what the U.S. Government means when it says “immediate family”, only these foreign nationals who have been to China in the last 14 days will be allowed entry in the United States on the conditions set forth above.

What this means is that wives and children under 21 and parents of U.S. citizens and permanent residents can still enter the U.S. under strict guidelines, the same as for citizens and permanent residents. However, they must still have a legal basis for entry, i.e., they have visas or travel documents allowing travel to the U.S.

An important side effect of this is that entering foreign nationals, whether permanent residents or people who can otherwise enter, should under no circumstances withhold information on their travels to China. Health concerns (which are paramount) aside, lying for obtaining an immigration benefit, in this case to avoid quarantine, could result in dire effects to future attempts to enter the United States and/or retain permanent resident status. It will not be worth the risk just to avoid heightened observation or quarantine for 14 days.