To permit an alien to remain eligible for a diversity visa beyond the fiscal year in which the alien applied for the visa, and for other purposes.

1. Adds Sec. __.(a) This section may be cited as the "Diversity Visa Fairness Act of 2005" wherever appropriate

   Adds a section

   Inserted: Sec. __.(a) This section may be cited as the "Diversity Visa Fairness Act of 2005".

   Inserted: (b)(1) 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:

   Inserted: "(II) An alien who qualifies, through random selection, for a visa under section 203(c) or adjustment of status under section 245(a) shall remain eligible to receive such visa or adjustment of status beyond the end of the specific fiscal year for which the alien was selected if the alien--

   Inserted: "(aa) properly applied for such visa or adjustment of status during the fiscal year for which the alien was selected; and

   Inserted: "(bb) was notified by the Secretary of State, through the publication of the Visa Bulletin, that the application was authorized.".

   Inserted: (2)(A) Notwithstanding any other provision of law, a visa shall be available for an alien under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) if--

   Inserted: (i) such alien was eligible for and properly applied for an adjustment of status under section 245 of such Act (8 U.S.C. 1255) during any of the fiscal years 1998 through 2005;

   Inserted: (ii) the application submitted by such alien was denied because personnel of the Department of Homeland Security or the Immigration and Naturalization Service failed to adjudicate such application during the fiscal year in which such application was filed;

   Inserted: (iii) such alien moves to reopen such adjustment of status applications pursuant to procedures or instructions provided by the Secretary of Homeland Security or the Secretary of State; and

   Inserted: (iv) such alien has continuously resided in the United States since the date of submitting such application.

   Inserted: (B) A visa made available under subparagraph (A) may not be counted toward the numerical maximum for the worldwide level of set out in section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)).

   Inserted: (3) The amendment made by paragraph (1) shall take effect on October 1, 2005.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed