[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4502 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4502

To provide for adjustment of status for aliens who became eligible for 
   such adjustment based on a diversity immigrant visa available for 
    fiscal year 1997 or 1998, but whose eligibility expired due to 
                      paperwork processing delays.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for adjustment of status for aliens who became eligible for 
   such adjustment based on a diversity immigrant visa available for 
    fiscal year 1997 or 1998, but whose eligibility expired due to 
                      paperwork processing delays.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN APPLICANTS FOR DIVERSITY 
              IMMIGRANT VISAS ADVERSELY AFFECTED BY PROCESSING DELAYS.

    (a) In General.--Notwithstanding the numerical limitations in 
sections 201 and 202 of the Immigration and Nationality Act, and 
notwithstanding section 204(a)(1)(G)(ii)(II) of such Act, the Attorney 
General, in consultation with the Secretary of State--
            (1) shall make available in fiscal year 1999 immigrant visa 
        numbers to qualified aliens described in subsection (b) (or in 
        subsection (c) as the spouse or child of such an alien), in 
        addition to any immigrant visa numbers otherwise available; and
            (2) shall adjust the status of any such alien to that of an 
        alien lawfully admitted for permanent residence.
    (b) Qualified Alien Described.--A qualified alien described in this 
subsection is an alien who, on or before September 30, 1998--
            (1) was selected for a diversity immigrant visa under 
        section 203(c) of the Immigration and Nationality Act for 
        fiscal year 1997 or 1998;
            (2) pursuant to such selection, applied for adjustment of 
        status under section 245 of such Act and submitted the fees 
        associated with the application;
            (3) received notice from the Attorney General that the 
        application was accepted;
            (4) was not determined by the Attorney General to be 
        inadmissible or excludable under section 212 of the Immigration 
        and Nationality Act (excluding any determination that is 
        subject to subsection (d)) or ineligible under section 
        203(c)(2) of such Act; and
            (5) did not, due to application processing delays beyond 
        the control of the alien, become an alien lawfully admitted for 
        permanent residence.
    (c) Derivative Status for Spouses and Children.--A spouse or child 
(as defined in subparagraph (A), (B), (C), (D), or (E) of section 
101(b)(1) of the Immigration and Nationality Act) shall, if not 
otherwise entitled to an immigrant status and the immediate issuance of 
a visa under this section, be entitled to the same status, and the same 
order of consideration, provided under this section, if accompanying, 
or following to join, the alien's spouse or parent.
    (d) Inapplicability of Certain Provisions.--An alien who otherwise 
qualifies for adjustment of status under the preceding provisions of 
this section shall not be considered inadmissible under section 
212(a)(9)(B)(i) of the Immigration and Nationality Act based upon the 
alien's presence in the United States during the period--
            (1) commencing on the date of the alien's selection for a 
        diversity immigrant visa under section 203(c) of the 
        Immigration and Nationality Act (or, in the case of an alien 
        described in subsection (c), the date of the spouse or parent's 
        selection); and
            (2) ending on the date of the alien's adjustment of status 
        under this section.
    (e) No Application Fee.--The Attorney General or the Secretary of 
State may not require payment of a fee under this section.
                                 <all>