New 'Family Purpose' Visa Caps Visits at 90 Days, Blocks Green Card Path for Relatives of US Citizens

The “Temporary Family Visitation Act” introduces a new, third reason to visit the U.S. temporarily: “family purposes.” Currently, temporary visas (B visas) are only for business or pleasure. This bill carves out a specific new visa category (B(iii)) for relatives—defined broadly as spouses, children, parents, siblings, aunts, uncles, and even great-grandparents—of U.S. citizens or lawful permanent residents (LPRs) who want to visit for things like major life events, religious ceremonies, or social occasions (SEC. 2).

The 90-Day Clock and the Insurance Mandate

Think of this new visa as a hyper-specific, short-term pass. If your cousin, who is a U.S. citizen, wants your parents to visit for a wedding, they would use this new category. However, the maximum authorized stay is strictly limited to 90 days per calendar year (SEC. 2). This means if your parents attend that wedding in January, they only have 60 days left for the rest of the year. For families who rely on longer visits, this is a significant downgrade from the standard tourist visa, which often permits stays of up to six months.

There are also new mandatory hoops to jump through. The U.S. citizen or LPR sponsoring the visit must file a formal declaration of financial support (Form I-134, Affidavit of Support). More importantly, the visiting relative must obtain short-term travel medical insurance that covers their entire stay in the U.S. (SEC. 2). While this ensures visitors aren't left with massive medical bills, it adds a mandatory cost to every family visit, which could add up quickly for lower-income families.

The Dead End: No Status Changes Allowed

This is where the bill gets particularly restrictive and creates a major headache for families navigating the complex immigration system. The bill explicitly prohibits anyone holding this new family purpose visa from changing their status to any other nonimmigrant visa while they are in the U.S. (SEC. 2, amending 8 U.S.C. 1258(a)(1)). This means the visa is a dead end: you come, you visit, and you must leave.

Even more concerning for those seeking permanent residency is the rule that time spent on this new visa does not count as being “admitted” for the purpose of applying for a green card (adjustment of status) from within the U.S. (SEC. 2). For example, if your spouse is waiting for their permanent immigrant visa to become available, they could use this new visa to visit. But that visit time essentially vanishes when it comes to their green card application, potentially slowing down their eventual path to residency.

Accountability Falls on the Sponsor

The bill also puts the responsibility—and potential legal risk—squarely on the U.S. citizen or LPR who petitions for the relative. If you petition for a relative who previously overstayed, you are barred from petitioning for them again. Furthermore, the sponsor must certify to the Department of Homeland Security that their relative did not overstay, or explain that the overstay was due to “extraordinary circumstances beyond the relative’s control.” Submitting a false certification carries penalties under federal law (18 U.S.C. 1001).

This provision creates a tough situation for sponsors. If your relative overstays by a few days due to a sudden illness or a canceled flight that isn't deemed “extraordinary” by DHS, you, the sponsor, could face legal issues and be barred from hosting other family members in the future. The bill aims to solve the problem of visa overstays by putting the burden of proof and consequence on the U.S.-based family member, which is a significant new layer of complexity and risk for people simply trying to host their family.