HR-5155 : Still Just a Bill

The "Temporary Family Visitation Act" (H.R. 5155) proposes to create a new nonimmigrant visa category for relatives of U.S. citizens and lawful permanent residents. This new visa category would allow these relatives to visit the United States temporarily for family purposes.

• New Visa Category: Amends Section 101(a)(15)(B) of the Immigration and Nationality Act to include "family purposes" as a reason for a temporary visit.
• Definition of "Family Purposes": Defines "family purposes" as visits by relatives for social, occasional, or other similar reasons.
• Eligible Relatives: Defines "relative" as spouse, child, son, daughter, grandchild, parent, grandparent, great-grandparent, sibling, uncle, aunt, niece, or nephew of a U.S. citizen or lawful permanent resident.
• Requirements for Admission:
  • Requires a declaration of support from the petitioning individual or an additional sponsor.
  • Requires the relative to obtain short-term travel medical insurance or an existing health insurance policy that covers international medical expenses.
  • Requires the relative to express intent to leave the U.S. at the end of the authorized admission period.
• Period of Admission: Limits the authorized admission period to a maximum of 90 days per calendar year.
• Petitioner Restrictions:
  • Prevents individuals from petitioning for relatives who have previously overstayed their authorized admission period.
  • Requires previous petitioners to certify that the relative they supported did not overstay or provide an explanation for overstays due to extraordinary circumstances.
• Waiver Option: Allows the Secretary of Homeland Security to waive inadmissibility in cases where the overstay was due to extraordinary circumstances.
• Restriction on Change of Status: Prevents aliens admitted under the new visa category from changing their status to permanent residency while in the U.S.
• Visa Eligibility While Awaiting Immigrant Visa: Allows individuals awaiting an immigrant visa to be admitted under the family purpose visa if otherwise eligible.

In summary, H.R. 5155 aims to facilitate temporary family visits to the U.S. by creating a specific visa category with defined requirements and limitations.