I
104TH CONGRESS
2D SESSION
H. R. 4210
To amend the Immigration and Nationality Act to permit certain aliens
who are at least 55 years of age to obtain a 4-year nonimmigrant
visitor’s visa.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 26, 1996
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to permit
certain aliens who are at least 55 years of age to obtain
a 4-year nonimmigrant visitor’s visa.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NONIMMIGRANT ALIEN STATUS FOR CERTAIN
OLDER ALIENS.
(a) DEFINITIONS.—Section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)) is
amended
(1) in subparagraph (R), by striking ‘‘or’’ at
the end;
(2) in subparagraph (S), by striking the period
at the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(T) subject to section 214(m), an alien seeking
to enter the United States temporarily to visit for
pleasure, and having a residence in a foreign country
which the alien has no intention of abandoning,
who—
‘‘(i) the Attorney General determines—
‘‘(I) is at least 55 years of age at the
time of application for admission;
‘‘(II) is a citizen of a country that has
been continuously designated as a pilot
program country under section 217(c) for
the 5 years immediately preceding the time
of application for admission;
‘‘(III) either owns a residence in the
United States, in the alien’s own name, or
has a spouse who owns such a residence;
and
‘‘(IV) will have health coverage,
throughout the period the alien will be in
the United States, consistent with section
214(m)(5); or
‘‘(ii) is the alien spouse of an alien de-
scribed in clause (i), is accompanying, or follow-
ing to join, the alien, and otherwise meets the
requirements specified in clause (i).’’.
(b) ADMISSION OF NONIMMIGRANTS.—Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184) is
amended—
(1) by redesignating the subsection (j), added
by section 130003(b)(2) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law
103–322; 108 Stat. 2025), and the subsection (k),
added by section 220(b) of the Immigration and Na-
tionality Technical Amendments Act of 1994 (Public
Law 103–416; 108 Stat. 4319), as subsections (k)
and (l), respectively; and
(2) by adding at the end the following:
‘‘(m)(1) In the case of a nonimmigrant described in
section 101(a)(15)(T), the period of authorized admission
as such a nonimmigrant may not exceed 4 years. A visa
issued under such section may be renewed for an unlimited
number of additional periods (each such period not to ex-
ceed 4 years), but only where the application for admission
is filed in the country of the nonimmigrant’s citizenship.
‘‘(2) The Attorney General may not authorize a non-
immigrant described in such section to engage in employ-
ment in the United States.
‘‘(3)(A) A nonimmigrant described in such section
shall not be eligible for any Federal, State, or local public
benefit, except short-term, non-cash, in-kind emergency
disaster relief.
‘‘(B) For purposes of subparagraph (A), the term
‘Federal, State, or local public benefit’ means—
‘‘(i) any grant, contract, loan, professional li-
cense, or commercial license provided by an agency
of the United States or a State or local government
or by appropriated funds of the United States or a
State or local government; and
‘‘(ii) any retirement, welfare, health, disability,
public or assisted housing, postsecondary education,
food assistance, unemployment benefit, or any other
similar benefit for which payments of assistance are
provided to an individual, household, or family eligi-
bility unit by an agency of the United States or a
State or local government or by appropriated funds
of the United States or a State or local government.
‘‘(4) A visa shall not be issued under the provisions
of section 101(a)(15)(T) unless the alien demonstrates to
the satisfaction of the consular officer and the Attorney
General that the alien has, and will have throughout the
period the alien is in the United States, an annual gross
income that equals or exceeds the amount that is two
times the official poverty line (as defined by the Director
of the Office of Management and Budget, as revised annu-
ally by the Secretary of Health and Human Services, in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902)) that is ap-
plicable to a family unit of a size equal to the number
of members of the alien’s household (including family and
non-family dependents).
‘‘(5) Any alien who seeks admission as a non-
immigrant described in section 101(a)(15)(T) is inadmis-
sible unless the alien demonstrates at the time of issuance
of the visa (and at the time of admission) to the satisfac-
tion of the consular officer and the Attorney General that
the alien—
‘‘(A) will have coverage, throughout the period
the alien is in the United States, under an adequate
health insurance policy (at least comparable to cov-
erage provided under the medicare program under
title XVIII of the Social Security Act); and
‘‘(B) will have coverage, throughout the period
the alien is in the United States, with respect to
long-term health needs (at least comparable to such
coverage provided under the medicaid program
under title XIX of such Act for a State in which the
alien, or a spouse of the alien, owns a residence.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on the date that
is one year after the date of the enactment of this Act.
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