Temporary Family Visitation Act
Bill: S.1635 | Sponsor: Sen. Paul, Rand (R-KY)
Policy area: Immigration

Summary:
Temporary Family Visitation Act
This bill establishes a new nonimmigrant visa classification for an alien temporarily entering the United States to visit a relative who is a U.S. citizen or lawful permanent resident.
The maximum period of stay for a family visitor visa shall be 90 days. An alien seeking such a visa must have health insurance for the duration of the stay.
An alien who holds such a visa may not change to another nonimmigrant visa classification except in certain limited instances.
If an alien has been approved for a family-based immigrant visa and is waiting for one to become available, the alien may obtain a family visitor visa if the alien meets the eligibility requirements.

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.--
            (1) In general.--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, sibling, uncle, aunt, niece, and 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 
                (Form I-134); and
                    ``(B) such relative has obtained, for the duration 
                of his or her stay in the United States, a health 
                insurance policy (such as an additional travel health 
                insurance policy or an existing health insurance policy 
                that includes travel health care costs) with minimum 
                policy requirements, as determined by the Secretary.
            ``(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.
            ``(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 
                petitioning for the admission of a relative as a 
                nonimmigrant described in section 101(a)(15)(B)(iii) 
                who has previously petitioned for such a relative shall 
                submit to the Secretary of Homeland Security evidence 
                demonstrating that the relative on behalf of whom the 
                individual previously petitioned did not overstay his 
                or her period of authorized admission.''.
    (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.
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