Does applying for a US National Interest Exception suspend current entry rights?

Does applying for a US National Interest Exception suspend current entry rights? - High angle of funny Yorkshire Terriers in bow ties representing concept of patriotism and Independence celebration

A (French citizen) friend who lives in the US as an H1-B worker recently went on a trip to Croatia from the US. He did not visit any other countries, and both directions of his flight were nonstop between the US and Croatia. While there, he applied for a National Interest Exception from the US Embassy in France, through email, to prepare for a possible future trip to France.

He attempted to return to the US from Dubrovnik, but was not let onto the plane. Probably after a computer warning, the gate attendant called CBP, who confirmed he was not allowed to board the flight.

His H1-B visa stamp is still valid for a few months, his passport for a few years, and he's still employed.

Since he did not enter any Schengen (or other restricted) countries on this trip, I don't think the status of his NIE request should impact his ability to reenter the US. Are there any policies to that effect? Is it possible the airline made a mistake or miscommunicated with CBP?

Apologies for the second hand story, I'm considering doing something similar and am curious if there are any rules I've missed.






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How do I use national interest exception?

You need to submit your application for the National Interest Exception to the U.S. consulate. This will be true whether you already have a valid visa, or whether you are starting a new application. There will be some variation in the process of applying for a National Interest Exception depending on your consulate.

Are US visa applications suspended?

The coronavirus pandemic led to the suspension of U.S. visa services around the world. As restrictions start to ease, most U.S. embassies and consulates have resumed certain immigrant and nonimmigrant visa appointments.

Are j1 visas suspended?

Yes, the Secretary of State extended previously approved policies to waive the visa interview for academic J visa applicants through the end of 2022.

Can I apply for NIE while in USA?

So, technically, you should not apply for NIE, when you are in the US. You can only apply for NIE after you leave the US and you are physically present in the country, where you are applying NIE with US consulate. Let's look at the official guidance from US Consulates around the world.



How to Apply for National Interest Exception (NIE) || U.S. Travel Ban Exemption Explained || 2021




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