Saint Louis, MO asked in Immigration Law for Missouri

Q: Does the Schengen Area travel ban exception apply if I live in the US and he lives in Germany?

My husband and I were discussing him coming to visit me during this pandemic (for personal health reasons), but I'm not sure if it's entirely possible. He's a foreign national (German) who resides in Germany. I know with the travel ban against the Schengen Area, he would generally be denied entry into the US. However as my spouse, does the exception still apply if I live in the US and he lives in Germany? He would essentially be coming in on an ESTA, and according to their website, he should be okay as a spouse. But does anyone know if that means he would have to travel into the US with me to be granted entry, or can he travel by himself here? What would he need to show proof that he's married to a US citizen? If he can enter, I know he could select a handful of airports as his port of entry. Based on what I see, he would likely have to self-quarantine once he arrives. Does that mean it would still be okay if he stayed at our house here (just have to be in separate rooms or whatever)?

Related Topics:
1 Lawyer Answer
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Being married per se will likely not allow him

entry but an approved immigration status would. You should explore petitioning for him.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.