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The US Cannot Stop Issuing Visas During Travel Bans, Federal Judge Rules

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travel bans

A US federal judge has announced it unlawful for the State Department to use travel bans gave to prevent the spread of COVID-19 as a reason to quit processing visas for otherwise eligible travelers that include technology professionals from India, as indicated by a media report. The ruling came in response to a claim filed by a group of private people and a coalition of immigration law firms with help from the American Immigration Lawyers Association (AILA), over the State Department’s refusal to give visas during the pandemic, Northjersey.com announced.

They argued that a “travel ban” doesn’t amount to a “visa ban,” tweeted one of the lawyers who filed the suit.

The ruling on Tuesday announces it unlawful for the State Department to use travel bans. Which were given to prevent the spread of COVID-19 by previous presidents Donald Trump and his successor Joe Biden. As a reason to quit processing visas for otherwise eligible travelers.

Federal judge James E. Boasberg on Tuesday put an end to the State Department practice. Of not giving visas to travelers from different nations when travel bans are in place.

Travel bans are given by a presidential proclamation and have been used to prevent non-citizens who are not permanent residents from entering the United States.

A few bans, including on visitors from China, Iran, India, Brazil, South Africa, the Schengen Area, the United Kingdom, and Ireland, remain in effect.

The US Can’t Stop Issuing Visas During Travel Bans

The China ban has run the longest and was introduced right on time in 2020. The COVID-19 pandemic was first reported in central China’s Wuhan city in late 2019.

Among the biggest group of individuals affected by the ban were employees of American organizations. In technology and STEM fields (science, technology, engineering, and mathematics).

Many Indian technology workers surged home to tend to their sick parents. During a devastating wave of the Delta variant that swept the country. In late spring and early summer were stuck there because of the ban implemented by Biden, the report said.

US organizations depend on the H-1B visa to recruit a huge number of employees every year from nations like India and China.

Because the United States government was no longer giving visas in their home countries. Individuals were also prevented from entering the United States after quarantining in a third country, the report said.

[FY 2023 Diversity Visa Lottery Registration Opens October 6th, 2021]

The result was that families were separated and workers and students were unable to return. As United States consulate offices abroad came to a near standstill during the pandemic.

The judge had yet to give an order instructing the government on how to proceed, the report said.

However, the ruling, as indicated by Greg Siskind, one of the lawyers who filed the claim. Declares the illegality of the government misjudging the law going ahead.

“This is the first court order that has made a declaration on the government policy,” Siskind said.

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