S-3255 : Still Just a Bill

The "Temporary Family Visitation Act" (S. 3255) aims to establish a new nonimmigrant visa category that allows relatives of U.S. citizens and lawful permanent residents to visit the United States temporarily for family purposes. Key provisions include:

• Creation of a New Visa Category: Amends Section 101(a)(15)(B) of the Immigration and Nationality Act to include "family purposes" as a reason for a B visa.
• Definition of Family Purposes and Relatives: Defines "family purposes" broadly as any social or occasional visit by a relative. "Relative" is defined as spouse, child, parent, sibling, grandchild, grandparent, great-grandparent, uncle, aunt, niece, or nephew.
• Requirements for the Visa:
  • Requires the U.S. citizen or lawful permanent resident petitioning for the relative to submit a declaration of support.
  • Mandates that the relative obtain short-term travel medical insurance or a health insurance policy that covers international medical expenses.
  • Requires the relative to express intent to return to their home country at the end of the authorized stay.
• Limitations on Stay: Limits the authorized stay to a maximum of 90 days per calendar year.
• Petitioner Restrictions: Prevents individuals from petitioning for relatives who have previously overstayed their visas, unless there were extraordinary circumstances.
• Restriction on Change of Status: Prohibits individuals entering the U.S. under this new visa category from changing their immigration status while in the country.
• Visa Eligibility While Awaiting Immigrant Visa: Allows individuals awaiting an immigrant visa to be admitted under this family purpose visa if otherwise eligible.
• Rule of Construction: States that the Act does not limit the authority of immigration officers to deny admission to applicants who do not meet the criteria or are otherwise inadmissible.