[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3714 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3714

 To amend the Immigration and Nationality Act to facilitate entry into 
the United States by nonimmigrant aliens for brief temporary stays for 
   the serious illness or death of a member of the alien's immediate 
                                family.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2002

   Mr. Hastings  of Florida introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to facilitate entry into 
the United States by nonimmigrant aliens for brief temporary stays for 
   the serious illness or death of a member of the alien's immediate 
                                family.

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

SECTION 1. ALIEN NONIMMIGRANT VISAS FOR BRIEF TEMPORARY STAYS FOR THE 
              SERIOUS ILLNESS OR DEATH OF AN IMMEDIATE FAMILY MEMBER.

    (a) Amendment to Immigration and Nationality Act.--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)(A) 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 stay occasioned by the serious illness or death of an 
immediate family member 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--
            ``(i) is inadmissible to the United States under section 
        212(a); or
            ``(ii) does not intend to depart from the United States 
        after the expiration of the alien's period of authorized 
        admission.''.
    ``(B) In the case of an alien where the consular officer makes a 
determination under subparagraph (A)(ii), the alien may submit an 
application for such a visa for expedited review by the consular 
officer if the alien obtains a sponsor who is a United States citizen 
or permanent resident alien who agrees to be responsible for the 
departure of the alien at the expiration of the alien's period of 
authorized admission. Such agreement may include the payment of a bond.
    ``(C) For purposes of this subparagraph, the term `immediate family 
member' includes a spouse, parent, son, daughter, brother, or sister of 
an alien.''.
    (b) Tracking of Alien Admissions and Departures.--The Attorney 
General shall establish procedures to track and match alien admissions 
and departures under nonimmigrant visas granted pursuant to the 
authorities of section 214(b)(2) of the Immigration and Nationality Act 
as amended by subsection (a).
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