Sec. 405. Temporary family visits
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Section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ) is amended by striking temporarily for business or temporarily for pleasure; and inserting temporarily for— business; pleasure; or family purposes; . Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by section 403(b), is further amended by adding at the end the following: In this subsection and in section 101(a)(15)(B)(iii), the term family purposes means any visit by a relative for a social, occasional, major life, or religious event, or for any other purpose.
Except as provided in paragraph (3), family travel for pleasure is authorized pursuant to the policies, terms, and conditions in effect on the day before the date of the enactment of the Border Act . A visa may not be issued to a relative under section 101(a)(15)(B)(iii) until after the consular officer is notified that the Secretary of Homeland Security has approved a petition filed in the United States by a family member of the relative who is a United States citizen or lawful permanent resident.
A petition referred to in subparagraph
(A)shall— be in such form and contain such information as the Secretary may prescribe by regulation; and shall include— a declaration of financial support, affirming that the petitioner will provide financial support to the relative for the duration of his or her temporary stay in the United States; evidence that the relative has— obtained, for the duration of his or her stay in the United States, a short-term travel medical insurance policy; or an existing health insurance policy that provides coverage for international medical expenses; and a declaration from the relative, under penalty of perjury, affirming the relative's— intent to depart the United States at the conclusion of the relative's period of authorized admission; and awareness of the penalties for overstaying such period of authorized admission. Absent extraordinary circumstances, an individual may not petition for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) if such individual previously petitioned for the admission of such a relative who— was admitted to the United States pursuant to a visa issued under such section as a result of such petition; and overstayed his or her period of authorized admission. An individual filing a declaration of financial support on behalf of a relative seeking admission as a nonimmigrant described in section 101(a)(15)(B)(iii) who has previously provided a declaration of financial support for such a relative shall— certify to the Secretary of Homeland Security that the relative whose admission the individual previously supported did not overstay his or her period of authorized admission; or explain why the relative’s overstay was due to extraordinary circumstances beyond the control of the relative. A certification under clause (i)(I) shall be subject to the requirements under section 1001 of title 18, United States Code. The Secretary of Homeland Security may waive the application of section 212(a)(9)(B) in the case of a nonimmigrant described in section 101(a)(15)(B)(iii) who overstayed his or her period of authorized admission due to extraordinary circumstances beyond the control of the nonimmigrant. . Section 248(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1258(a)(1) ) is amended by inserting (B)(iii), after subparagraph . 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 such Act, as added by subsection (a), who has been classified as an immigrant under section 201 of such Act ( 8 U.S.C. 1151 ) and is awaiting the availability of an immigrant visa subject to the numerical limitations under section 203 of such Act ( 8 U.S.C. 1153 ) may be admitted pursuant to a family purposes visa, in accordance with section 214(t) of such Act, as added by subsection (b), if the individual is otherwise eligible for admission. An alien admitted under section 101(a)(15)(B)(iii) of the Immigration and Nationality Act, pursuant to section 214(t)(3) of such Act, as added by subsection (b), may not be considered to have been admitted to the United States for purposes of section 245(a) of such Act ( 8 U.S.C. 1255(a) ). Nothing in this section, or in the amendments made by this section, may be construed as— limiting the authority of immigration officers to refuse to admit to the United States an applicant under section 101(a)(15)(B)(iii) of the Immigration and Nationality Act, as added by subsection (a), who fails to meet 1 or more of the criteria under section 214(t) of such Act, as added by subsection (b), or who is inadmissible under section 212(a) of such Act ( 8 U.S.C. 1182(a) ); or precluding the use of section 101(a)(15)(B)(ii) of the Immigration and Nationality Act, as added by subsection (a), for family travel for pleasure in accordance with the policies and procedures in effect on the day before the date of the enactment of this Act.
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Sec. 405
Temporary family visits
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