S. 3440 — Temporary Family Visitation Act

This section establishes a new nonimmigrant visa category under INA §101(a)(15)(B)(iii) for relatives of U.S. citizens or lawful permanent residents (LPRs) visiting temporarily for family purposes (i.e., social or occasional visits, major life events, religious events, or other purposes), defined to include spouses, children, parents, grandparents, great-grandparents, siblings, uncles, aunts, nieces, and nephews. The section imposes requirements on such family purpose (B-3) visas under new INA §214(s), including (1) a financial support undertaking (i.e., affidavit of support under INA §213) from the petitioner or additional sponsor; (2) short-term travel medical insurance covering the stay; and (3) an expressed intent to depart the United States. Authorized admission is limited to 90 days per calendar year; petitioners are ineligible if a previously sponsored relative overstayed, with prior sponsors required to certify no prior overstay (or explain extraordinary circumstances) under penalty of 18 U.S.C. §1001 (false statements); and the Secretary of Homeland Security may waive unlawful presence grounds for extraordinary circumstances. The section further (1) bars change of status from B-3 visas under INA §248(a)(1); (2) permits B-3 admission notwithstanding the immigrant intent presumption of INA §214(b) for relatives awaiting immigrant visas under numerical limits, provided other eligibility is met; and (3) clarifies that such admission does not count toward lawful status for adjustment of status under INA §245(a). Immigration officers retain full authority to deny B-3 admission for ineligibility or inadmissibility under INA §212(a), and existing B-2 pleasure visas for family travel remain unaffected.