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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

HR 3714 IH

107th CONGRESS

2d Session

H. R. 3714

To amend the Immigration and Nationality Act to facilitate entry into the United States by nonimmigrant aliens for brief temporary stays for the serious illness or death of a member of the alien's immediate family.

IN THE HOUSE OF REPRESENTATIVES

February 12, 2002

Mr. HASTINGS of Florida introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to facilitate entry into the United States by nonimmigrant aliens for brief temporary stays for the serious illness or death of a member of the alien's immediate family.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ALIEN NONIMMIGRANT VISAS FOR BRIEF TEMPORARY STAYS FOR THE SERIOUS ILLNESS OR DEATH OF AN IMMEDIATE FAMILY MEMBER.

    (a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended--

      (1) by striking `(b)' and inserting `(b)(1)';

      (2) by striking `101(a)(15))' and inserting `101(a)(15) or paragraph (2))'; and

      (3) by adding at the end the following:

    `(2)(A) In the case of an alien seeking nonimmigrant status under section 101(a)(15)(B) in order to enter the United States for a brief temporary stay occasioned by the serious illness or death of an immediate family member the alien shall be presumed to be entitled to such nonimmigrant status unless the consular officer, at the time of application for a visa, or the immigration officer, at the time of application for admission, determines, based on specific facts, that the alien--

      `(i) is inadmissible to the United States under section 212(a); or

      `(ii) does not intend to depart from the United States after the expiration of the alien's period of authorized admission.'.

    `(B) In the case of an alien where the consular officer makes a determination under subparagraph (A)(ii), the alien may submit an application for such a visa for expedited review by the consular officer if the alien obtains a sponsor who is a United States citizen or permanent resident alien who agrees to be responsible for the departure of the alien at the expiration of the alien's period of authorized admission. Such agreement may include the payment of a bond.

    `(C) For purposes of this subparagraph, the term `immediate family member' includes a spouse, parent, son, daughter, brother, or sister of an alien.'.

    (b) TRACKING OF ALIEN ADMISSIONS AND DEPARTURES- The Attorney General shall establish procedures to track and match alien admissions and departures under nonimmigrant visas granted pursuant to the authorities of section 214(b)(2) of the Immigration and Nationality Act as amended by subsection (a).


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