Temporary Family Visitation Act

Bill: 117-s-1635
Sponsor: full_name: Sen. Paul, Rand [R-KY]
Introduced: 2021-05-13
Policy area: Immigration
Subjects: Family relationships

Health care costs and insurance

Health care coverage and access

Immigration status and procedures

Visas and passports
Latest action: action_date: 2021-05-13
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-05-13
action_desc: Introduced in Senate
text: <p><strong>Temporary Family Visitation Act</strong></p> <p>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.</p> <p>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.</p> <p>An alien who holds such a visa may not change to another nonimmigrant visa classification except in certain limited instances.</p> <p>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.</p>

tv_txt: II 117th CONGRESS 1st Session S. 1635 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Paul (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and 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 (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.