Temporary Family Visitation Act

[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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