We finally have some good news to report:  waivers to the COVID travel ban will be available through U.S. Customs and Border Protection at Boston’s Logan Airport.  Several Presidential Proclamations bar the entry of foreign nationals who within the prior 14 days have been in Brazil, China, Iran, the Schengen area, the U.K., or Ireland.  There have been limited waivers available, but until now there has been no centralized process for obtaining them.  We are pleased to report that passengers flying into any airport in Rhode Island, Connecticut, Massachusetts, New Hampshire, and Maine may now request a waiver of this travel ban through CBP at Logan Airport.

Here are the grounds for requesting a waiver:

  • The individual is an infant or young child who falls under the Proclamation, but traveling with individuals who are not subject to the Proclamation.

  • Failure to issue a waiver would render the child an unaccompanied minor.

  • An individual needing urgent medical care.

  • The individual seeks to enter the United States to visit or reside with a close family member and the denial of entry would cause the individual undue hardship;

  • The individual seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations.

  • Where other important national interests justify waiving the Proclamation and the individual does not pose a significant risk of introducing, transmitting, or spreading the 2019 novel coronavirus.

The request should be submitted via email two weeks in advance of travel to Eric Geddry [eric.c.geddry@cbp.dhs.gov].  Please make sure the subject line states:  212(f) Waiver/Proclamation.  The request should include an explanation of why with the passenger qualifies for the waiver, with evidence to support the request and the possible date of travel.  If an attorney is submitting this request, a properly executed G-28, Notice of appearance, must be scanned and provided.

When a request for an exception is approved, CBP will communicate with the Airline’s Regional Carrier Liaison Group to inform them that it is acceptable for the passenger to board who is otherwise subject to the Presidential proclamation.

This is a welcome indication of flexibility on the part of our immigration authorities.  Please do not hesitate to contact a Chin & Curtis attorney if you would like assistance in making a waiver application.