Text of Bill that Would Preserve DV Eligibility in the Face of Processing Delays (S. 2089)

Cite as "AILA InfoNet Doc. No. 04021861 (posted Feb. 18, 2004)"

S 2089 IS

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 introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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.
END
 
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