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)?

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1 Lawyer Answer
Gunda Yohanna Brost
Gunda Yohanna Brost
  • 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.

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