copied from immigrationvoice's proposal text page 276--279

4 ``(s) Parent Visitor Visas
5
6 ``(1) In General.--The parent of a United States citizen at least 21
7 years of age, or the spouse or child of an alien in nonimmigrant status
8 under 101(a)(15)(Y)(i), demonstrating satisfaction of the requirements
9 of this subsection may be granted a nonimmigrant visa under section
10 101(a)(15)(B) as a temporary visitor for pleasure.
11
12 ``(2) Requirements.—An alien seeking a nonimmigrant visa under this
13 subsection must demonstrate through presentation of such
14 documentation as the Secretary may by regulations prescribe, that—
15
16 ``(A) the alien’s United States citizen son or daughter who is at
17 least 21 years of age or the alien’s spouse or parent in
18 nonimmigrant status under 101(a)(15)(Y)(i), is sponsoring the
19 alien’s visit to the United States;
20
21 ``(B) the sponsoring United States citizen, or spouse or parent
22 in nonimmigrant status under 101(a)(15)(Y)(i), has, according
23 to such procedures as the Secretary may by regulations
24 prescribe, posted on behalf of the alien a bond in the amount of
25 $1,000, which shall be forfeit if the alien overstays the
26 authorized period of admission (except as provided in
27 subparagraph (5)(B)) or otherwise violates the terms and
28 conditions of his or her nonimmigrant status; and
29
30 ``(C) the alien, the sponsoring United States citizen son or
31 daughter, or the spouse or parent in nonimmigrant status under
32 101(a)(15)(Y)(i), possesses the ability and financial means to
33 return the alien to his or her country of residence.
34
35 ``(3) Terms and Conditions.—An alien admitted as a visitor for
36 pleasure under the provisions of this subsection—
37
38 ``(A) may not stay in the United States for an aggregate period
39 in excess of 30 days within any calendar year.
40
41 ``(B) must, according to such procedures as the Secretary may
42 by regulations prescribe, register with the Secretary upon
43 departure from the United States; and
44
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1 ``(C) may not be issued employment authorization by the
2 Secretary or be employed.
3
4 ``(4) Certification.—
5
6 ``(A) Report.—No later than January 1 of each year, the
7 Secretary of Homeland Security shall a written report to
8 Congress estimating the percentage of aliens admitted to the
9 United States during the preceding fiscal year as visitors for
10 pleasure under the terms and conditions of this subsection who
11 have remained in the United States beyond their authorized
12 period of admission (except as provided in subparagraph
13 (5)(B)). When preparing this report, the Secretary shall
14 determine which countries, if any, have a disproportionately high
15 rate of nationals overstaying their period of authorized admission
16 under this subsection.
17
18 ``(B) Termination of Eligibility of Nationals of Certain
19 Countries.— Except as provided in subparagraph (C), if the
20 Secretary reports under subparagraph (A) for two consecutive
21 fiscal years that the percentage of aliens overstaying their period
22 of authorized admission exceeds 7%, the Secretary may, in his
23 discretion, determine that no more visas under this section may
24 be issued for those countries whose nationals have a
25 disproportionately high rate of aliens overstaying their period of
26 authorized admission under this subsection.
27
28 ``(C) Termination of the Program.— Notwithstanding
29 subparagraph (B), if the Secretary reports under subparagraph
30 (A) for two consecutive fiscal years that the percentage of aliens
31 overstaying their period of authorized admission under this
32 subsection exceeds 7% and the percentage is not significantly
33 affected by countries whose nationals have a disproportionately
34 high rate of aliens overstaying their period of authorized
35 admission, the Secretary may, in his discretion, determine that
36 no more visas may be issued under this subsection as of the
37 date of the second consecutive report described in subparagraph
38 (A) finding an overstay rate in excess of 7%
39
40 ``(D) Effect on Existing Visas.—In the event the Secretary
41 determines to that no more visas shall be issued under
42 subparagraphs (B) or (C), all visas previously issued under this
43 subsection and still valid on the date that the Secretary
44 determines that no more visas should be issued shall expire on
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the visa’s date of expiration or 12 months 1 hs after the date of the
2 determination, whichever is soonest.
3
4 ``(5) Permanent Bars for Overstays.—
5
6 “(A) In General.--Any alien admitted as a visitor for pleasure
7 under the terms and conditions of this subsection who remains in
8 the United States beyond his or her authorized period of
9 admission is permanently barred from any future immigration
10 benefits under the immigration laws, except—
11
12 “(i) asylum under section 208(a);
13
14 “(ii) withholding of removal under section 241(b)(3); or
15
16 “(iii) protection under the Convention Against Torture and
17 Other Cruel, Inhuman or Degrading Treatment or
18 Punishment, done at New York December 10, 1984.
19
20 “(B) Exception.—Overstay of the authorized period of admission
21 granted to aliens admitted as visitors for pleasure under the
22 terms and conditions of this subsection may be excused in the
23 discretion of the Secretary where it is demonstrated that:
24
25 “(i) the period of overstay was due to extraordinary
26 circumstances beyond the control of the applicant, and the
27 Secretary finds the period commensurate with the
28 circumstances; and
29
30 “(ii) the alien has not otherwise violated his or her
31 nonimmigrant status.
32
33 ``(6) Bar on Sponsor of Overstay.—The United States citizen or Y-1
34 nonimmigrant sponsor of an alien—
35
36 ``(A) admitted as a visitor for pleasure under the terms and
37 conditions of this subsection, and
38
39 ``(B) who remains in the United States beyond his or her
40 authorized period of admission,
41
42 shall be permanently barred from sponsoring that alien or any other
43 alien for admission as a visitor for pleasure under the terms and
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conditions of this subsection, and, 1 in the case of a Y-1 nonimmigrant
2 sponsor, shall have his Y-1 nonimmigrant status terminated.
3
4 ``(7) Construction.—Nothing in this subsection shall be construed,
5 except as provided in this subsection, to make inapplicable the
6 requirements for admissibility and eligibility, as well as the terms and
7 conditions of admission, as a nonimmigrant under section
8 101(a)(15)(B).”.
9
10 SEC. 507. PREVENTION OF VISA FRAUD
11
12 (a) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
13 is amended by adding a paragraph at the end:
14
15 “(h) Fraud Prevention. – The Secretary of Homeland Security
16 may audit and evaluate the information furnished as part of the
17 applications filed under subsection (a) and refer evidence of
18 fraud to appropriate law enforcement agencies based on the
19 audit information.”.
20
21 (b) Sections 286(v)(2)(B) and (C) of the Immigration and Nationality
22 Act (8 U.S.C. 1356(v)(2)(B), (C)) are amended to read as follows:
23
24 “(B) Secretary of Homeland Security -- One-third of the
25 amounts deposited into the Fraud Prevention and Detection
26 Account shall remain available to the Secretary of Homeland
27 Security until expended for programs and activities to prevent
28 and detect immigration benefit fraud, including but not limited
29 to fraud with respect to petitions under paragraph (1) or (2)(A)
30 of section 214(c) to grant an alien nonimmigrant status
31 described in subparagraph (H)(i), (H)(ii), or (L) of section
32 101(a)(15).
33
34 “(C) Secretary of Labor - One third of the amounts deposited
35 into the Fraud Prevention and Detection Account shall remain
36 available to the Secretary of Labor until expended for
37 enforcement programs and activities described in section 212(n),
38 and for enforcement programs, and fraud detection and
39 prevention activities not otherwise authorized under 212(n), to
40 be conducted by the Secretary of Labor that focus on industries
41 likely to employ nonimmigrants.”.