[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Reported in Senate (RS)]

                                                       Calendar No. 766
108th CONGRESS
  2d Session
                                S. 2089

  To allow aliens who are eligible for diversity visas to be eligible 
             beyond the fiscal year in which they applied.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2004

Mr. Chambliss (for himself, Mr. Kennedy, and Mr. Miller) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                            October 4, 2004

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL


 
  To allow aliens who are eligible for diversity visas to be eligible 
             beyond the fiscal year in which they applied.

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

SECTION 1. DIVERSITY LOTTERY VISAS.

    (a) Procedure for Granting Immigrant Status.--Section 
204(a)(1)(I)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(I)(ii)) is amended by striking subclause (II) and inserting 
the following:
    ``(II) An immigrant visa made available under section 203(c) may be 
issued, or adjustment of status under section 245(a) based upon the 
availability of such visa may be granted, to an eligible qualified 
alien who has properly applied for such visa or adjustment of status in 
the fiscal year for which the alien was selected, notwithstanding the 
end of the fiscal year. Such visa or adjustment of status shall be 
counted against the worldwide level set forth in section 201(e) for the 
fiscal year for which the alien was selected, except that with respect 
to applications properly filed in 2003, such visa or adjustment of 
status shall not be counted against the worldwide level set forth in 
section 201(e), and a visa shall be deemed to be available with respect 
to such applications.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to--
            (1) immigrant visas made available for fiscal year 2004 and 
        each subsequent fiscal year; and
            (2) immigrant visas made available for fiscal years 1998 
        through 2003, provided that the denied alien applicant, the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General moves to reopen the alien's case pursuant to 
        procedures or instructions which shall be provided by the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General as may be appropriate.




                                                       Calendar No. 766

108th CONGRESS

  2d Session

                                S. 2089

_______________________________________________________________________

                                 A BILL

  To allow aliens who are eligible for diversity visas to be eligible 
             beyond the fiscal year in which they applied.

_______________________________________________________________________

                            October 4, 2004

                       Reported without amendment