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.

February 17, 2005

Mr. CASE (for himself, Mr. HONDA, Mr. SERRANO, Mr. TOWNS, Mr. CROWLEY, Mr. MEEKS of New York, Ms. BORDALLO, Mr. GRIJALVA, Mr. ABERCROMBIE, Ms. JACKSON-LEE of Texas, and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on the Judiciary

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.'.

END