I
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 immi-
grant 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN APPLI-
CANTS FOR DIVERSITY IMMIGRANT VISAS AD-
VERSELY 
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 im-
migrant 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 res-
idence.
(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 Na-
tionality Act for fiscal year 1997 or 1998;
(2) pursuant to such selection, applied for ad-
justment of status under section 245 of such Act
and submitted the fees associated with the applica-
tion;
(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 law-
fully admitted for permanent residence.
(c) DERIVATIVE STATUS FOR SPOUSES AND CHIL-
DREN.—A spouse or child (as defined in subparagraph
(A), (B), (C), (D), or (E) of section 101(b)(1) of the Im-
migration and Nationality Act) shall, if not otherwise enti-
tled 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 selec-
tion 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.
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