[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5155 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5155
To establish a new nonimmigrant category for alien relatives of United
States citizens and lawful permanent residents seeking to enter the
United States temporarily for family purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 4, 2023
Mr. Peters (for himself, Mrs. Bice, Mr. Himes, and Ms. Salazar)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish a new nonimmigrant category for alien relatives of United
States citizens and lawful permanent residents seeking to enter the
United States temporarily for family purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Family Visitation Act''.
SEC. 2. FAMILY PURPOSE NONIMMIGRANT VISAS FOR RELATIVES OF UNITED
STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS SEEKING TO
ENTER THE UNITED STATES TEMPORARILY.
(a) Establishment of New Nonimmigrant Visa Category.--Section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) is amended by striking ``and who is visiting the United
States temporarily for business or temporarily for pleasure;'' and
inserting ``and who is visiting the United States temporarily for--
``(i) business;
``(ii) pleasure; or
``(iii) family purposes;''.
(b) Requirements Applicable to Family Purpose Visas.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s) Requirements Applicable to Family Purpose Visas.--
``(1) Definitions.--In this subsection and section
101(a)(15)(B)(iii):
``(A) Family purposes.--The term `family purposes'
means any visit by a relative for a social, occasional,
or any other purpose.
``(B) Relative.--The term `relative' means the
spouse, child, son, daughter, grandchild, parent,
grandparent, great-grandparent, sibling, uncle, aunt,
niece, or nephew of a citizen of the United States or
an alien lawfully admitted for permanent residence.
``(2) Requirement.--A relative seeking admission pursuant
to a visa issued under section 101(a)(15)(B)(iii) is
inadmissible unless--
``(A) the individual petitioning for such
admission, or an additional sponsor, has submitted to
the Secretary of Homeland Security an undertaking under
section 213 in the form of a declaration of support;
``(B) such relative has obtained, for the duration
of his or her stay in the United States, a short-term
travel medical insurance policy or an existing health
insurance policy that provides coverage for
international medical expenses; and
``(C) such relative expresses intent to leave the
United States at the conclusion of the period of
authorized admission.
``(3) Period of authorized admission.--The period of
authorized admission for a nonimmigrant described in section
101(a)(15)(B)(iii) shall not exceed 90 days per calendar year.
``(4) Petitioner requirement.--
``(A) In general.--An individual may not petition
for the admission of a relative as a nonimmigrant
described in section 101(a)(15)(B)(iii) if the
individual previously petitioned for the admission of
such a relative who--
``(i) was admitted to the United States
pursuant to a visa issued under that section as
a result; and
``(ii) overstayed his or her period of
authorized admission.
``(B) Previous petitioners.--An individual filing
an affidavit in support of the admission of a relative
as a nonimmigrant described in section
101(a)(15)(B)(iii) who has previously provided an
affidavit of support for such a relative shall certify
to the Secretary of Homeland Security that the relative
whose admission the individual previously supported did
not overstay his or her period of authorized admission
or provide an explanation of why the relative's
overstay was due to extraordinary circumstances beyond
the control of the relative. A certification under this
subparagraph shall be subject to section 1001 of title
18, United States Code.
``(C) Waiver.--The Secretary of Homeland Security
may waive the application of section 212(a)(9)(B) in
the case of a nonimmigrant described in section
101(a)(15)(B)(iii) who overstayed his or her period of
authorized admission due to extraordinary circumstances
beyond the control of the nonimmigrant.''.
(c) Restriction on Change of Status.--Section 248(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is amended to
read as follows:
``(1) an alien classified as a nonimmigrant under
subparagraph (B)(iii), (C), (D), (K), or (S) of section
101(a)(15),''.
(d) Family Purpose Visa Eligibility While Awaiting Immigrant
Visa.--Notwithstanding section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)), a nonimmigrant described in section
101(a)(15)(B)(iii) of that Act who has been classified as an immigrant
under section 201 of that Act (8 U.S.C. 1151) and is awaiting the
availability of an immigrant visa subject to the numerical limitations
under section 203 of that Act (8 U.S.C. 1153) may be admitted pursuant
to a family purpose visa, in accordance with section 214(s) of that
Act, if the individual is otherwise eligible for admission. An alien
admitted under section 101(a)(15)(B)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)) shall not be considered to have been
admitted to the United States for purposes of section 245(a) of that
Act (8 U.S.C. 1255(a)).
(e) Rule of Construction.--Nothing in this Act, or the amendments
made by this Act, shall be construed as limiting the authority of
immigration officers to refuse to admit to the United States an
applicant under section 101(a)(15)(B)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(B)) who fails to meet one or more
of the criteria under section 214(s) of that Act, or who is
inadmissible under section 212(a) of that Act.
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