New 'Family Purpose' Visa Limits Visits to 90 Days Annually, Requires Mandatory Insurance and Financial Sponsorship

This legislation, the Temporary Family Visitation Act, creates a brand-new visa category specifically designed for relatives of U.S. citizens and lawful permanent residents (LPRs) who want to visit the U.S. temporarily. It amends the Immigration and Nationality Act (INA) to add "family purposes" as a third permissible reason for a temporary visit, alongside the existing categories of business and pleasure. The key takeaway is the strict 90-day annual limit and the mandatory requirements: visitors must secure a financial sponsor and purchase short-term travel medical insurance before they can even set foot on a plane.

The New Rules of Engagement for Family Visits

Think of this new visa as a highly structured, short-term pass to attend a wedding, a graduation, or just spend time with family. The bill defines "relative" broadly—covering everyone from spouses and children to great-grandparents, nieces, and nephews—and the purpose of the visit is incredibly flexible, encompassing social, religious, major life events, or "any other purpose" (Sec. 2). This broad definition gives families plenty of room to use the visa but also grants significant discretion to immigration officials deciding what counts as a valid visit.

However, this flexibility comes with serious strings attached. To be admitted, the visiting relative must meet three non-negotiable conditions. First, a U.S. citizen or LPR must submit a declaration of financial support to the Department of Homeland Security (DHS), essentially guaranteeing the visitor won't become a public charge. Second, the visitor must have short-term travel medical insurance covering their stay. This is a big deal: it’s mandatory and aims to ensure visitors don't use U.S. emergency rooms without coverage, shifting the cost burden away from U.S. taxpayers and insurance pools. Third, the relative must sign a sworn declaration affirming their intent to depart the U.S. when their authorized stay ends and acknowledging the penalties for overstaying (Sec. 2).

The 90-Day Clock and the Status Trap

For those accustomed to the existing B-2 visitor visa, which can sometimes allow for longer stays, the 90-day per calendar year limit is a major constraint. If your parents typically spend four months with you every winter, this new visa won't work for them. They would have to rely on the existing B-2 visa, which, unlike this new category, requires them to prove they don't have "immigrant intent" (the desire to stay permanently).

Crucially, anyone admitted under this new family purpose visa is prohibited from changing their status while in the United States (Sec. 2). This is the policy equivalent of a one-way ticket. If a visitor arrives and then, due to an unexpected job offer or a sudden change in circumstances, decides they want to pursue a student visa or a work visa, they cannot do it from within the U.S. They must leave the country and apply through the standard process, removing a major flexibility offered by other temporary visas.

High Stakes for the Sponsor

If you, the U.S. citizen or LPR, are the petitioner for this visa, the bill places a significant burden of responsibility on your shoulders. The legislation includes a sharp penalty aimed at deterring overstays: if a relative you sponsored previously overstayed their visit, you generally cannot sponsor them again. Furthermore, if you certify to the DHS that a relative did not overstay when they actually did, you are subject to criminal penalties under federal law (18 U.S.C. 1001) for making a false statement (Sec. 2). This puts the sponsor in a position of having to track their relative's departure closely and accurately report it, or face serious legal consequences.

A Temporary Lifeline for Immigrant Applicants

One of the most interesting provisions is how this visa interacts with the long, frustrating process of waiting for a green card. Often, people who have already been classified as immigrants (meaning they have been approved but are waiting for a visa number to become available) are barred from obtaining a temporary visitor visa because they clearly demonstrate "immigrant intent." This bill provides an exception: a person waiting for an immigrant visa can still be admitted on the family purpose visa, notwithstanding the standard rules against immigrant intent (Sec. 2). This is a practical solution for families separated by visa backlogs, allowing them a short, 90-day visit. However, the bill is crystal clear that this temporary admission will not count toward any future attempt to adjust their status to a green card from within the U.S.