118 HR 5155 IH: Temporary Family Visitation Act
U.S. House of Representatives
2023-08-04
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I
118th CONGRESS
1st Session
H. R. 5155
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.
1.

Short title
This Act may be cited as the “Temporary Family Visitation Act”.
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.