[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3306 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3306
To amend the Immigration and Nationality Act to remove from an alien
the initial burden of establishing that he or she is entitled to
nonimmigrant status under section 101(a)(15)(B) of such Act, in the
case of certain aliens seeking to enter the United States for a
temporary stay occasioned by the serious illness or death of a United
States citizen or an alien lawfully admitted for permanent residence,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2003
Mr. Case (for himself, Mr. Abercrombie, Ms. Bordallo, Ms. Millender-
McDonald, Mr. Serrano, Ms. Roybal-Allard, and Mr. Honda) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to remove from an alien
the initial burden of establishing that he or she is entitled to
nonimmigrant status under section 101(a)(15)(B) of such Act, in the
case of certain aliens seeking to enter the United States for a
temporary stay occasioned by the serious illness or death of a United
States citizen or an alien lawfully admitted for permanent residence,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Visitor Visa Act''.
SEC. 2. ELIMINATION OF INITIAL BURDEN OF ESTABLISHING ENTITLEMENT TO
NONIMMIGRANT STATUS FOR CERTAIN ALIENS SEEKING ENTRY DUE
TO TEMPORARY FAMILY OBLIGATION.
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) In the case of an alien seeking nonimmigrant status under
section 101(a)(15)(B) in order to enter the United States for a
temporary stay occasioned by, and relating to, the serious illness or
death of a United States citizen, or an alien lawfully admitted for
permanent residence, who is a grandchild, grandparent, parent, sibling,
spouse, or child of the applicant (or other emergency or compelling
circumstances involving such a citizen or permanent resident alien as
the Secretary of Homeland Security may establish by regulation), the
applicant 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 applicant--
``(A) is inadmissible to the United States under
section 212(a); or
``(B) does not intend to depart from the United
States after the expiration of the period of authorized
admission''.
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