[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2791 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2791

 To amend the Immigration and Nationality Act to remove from an alien 
   the initial burden of establishing that he or she is entitled to 
  nonimmigrant status under section 101(a)(15)(B) of such Act, in the 
   case of an alien seeking such status in order to enter the United 
 States for a brief temporary stay occasioned by a family obligation, 
           such as the illness or death of a close relative.


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                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2001

 Mrs. Mink of Hawaii introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to remove from an alien 
   the initial burden of establishing that he or she is entitled to 
  nonimmigrant status under section 101(a)(15)(B) of such Act, in the 
   case of an alien seeking such status in order to enter the United 
 States for a brief temporary stay occasioned by a family obligation, 
           such as the illness or death of a close relative.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELIMINATION OF INITIAL BURDEN OF ESTABLISHING ENTITLEMENT TO 
              NONIMMIGRANT STATUS FOR ALIENS SEEKING ENTRY DUE TO 
              TEMPORARY FAMILY OBLIGATION.

    Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 
1184(b)) is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)'';
            (2) by striking ``101(a)(15))'' and inserting ``101(a)(15) 
        or paragraph (2))''; and
            (3) by adding at the end the following:
    ``(2) In the case of an alien seeking nonimmigrant status under 
section 101(a)(15)(B) in order to enter the United States for a brief 
temporary trip occasioned by a family obligation involving an 
occurrence such as the illness or death of a close relative or other 
family need, the alien shall be presumed to be entitled to such 
nonimmigrant status unless the consular officer, at the time of 
application for a visa, or the immigration officer, at the time of 
application for admission, determines, based on specific facts, that 
the alien--
                    ``(A) is inadmissible to the United States under 
                section 212(a); or
                    ``(B) does not intent to depart from the United 
                States after the expiration of the alien's period of 
                authorized admission.''.
                                 <all>