Page:United States Statutes at Large Volume 115 Part 1.djvu/381

 PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 359 (A) FILING DELAYS.— For purposes of paragraph (1), circumstances preventing an alien from timely acting are— (i) office closures; (ii) mail or courier service cessations or delays; and (iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements. (B) DEPARTURE AND RETURN DELAYS. —For purposes of paragraphs (2) and (3), circumstances preventing an alien from timely acting are— (i) office closures; (ii) airline flight cessations or delays; and (iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements. (c) DIVERSITY IMMIGRANTS. — (1) WAIVER OF FISCAL YEAR LIMITATION. —Notwithstanding section 203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien under section 203(c) of such Act for fiscal year 2001 may be used by the alien during the period beginning on October 1, 2001, and ending on April 1, 2002, if the alien establishes that the alien was prevented from using it during fiscal year 2001 as a direct result of a specified terrorist activity. (2) WORLDWIDE LEVEL.— In the case of an alien entering the United States as a lawful permanent resident, or adjusting to that status, under paragraph (1) or (3), the alien shall be counted as a diversity immigrant for fiscal year 2001 for purposes of section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)), unless the worldwide level under such section for such year has been exceeded, in which case the alien shall be counted as a diversity immigrant for fiscal year 2002. (3) TREATMENT OF FAMILY MEMBERS OF CERTAIN ALIENS. — In the case of a principal alien issued an immigrant visa number under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal year 2001, if such principal alien died as a direct result of a specified terrorist activity, the aliens who were, on September 10, 2001, the spouse and children of such principal alien shall, until June 30, 2002, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of section 203 of such Act, be entitled to the same status, and the same order of consideration, that would have been provided to such alien spouse or child under section 203(d) of such Act as if the principal alien were not deceased and as if the spouse or child's visa application had been adjudicated by September 30, 2001. (4) CIRCUMSTANCES PREVENTING TIMELY ACTION.— For purposes of paragraph (1), circumstances preventing an alien from using an immigrant visa number during fiscal year 2001 are— (A) office closures; (B) mail or courier service cessations or delays; (C) airline flight cessations or delays; and (D) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements.

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