Sec. 422. EXTENSION OF FILING OR REENTRY DEADLINES
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## SEC. 422 EXTENSION OF FILING OR REENTRY DEADLINES ###
(a)Automatic Extension of Nonimmigrant Status ####
(1)In general Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), in the case of an alien described in paragraph
(2)who was lawfully present in the United States as a nonimmigrant on September 10, 2001, the alien may remain lawfully in the United States in the same nonimmigrant status until the later of— #####
(A)the date such lawful nonimmigrant status otherwise would have terminated if this subsection had not been enacted; or #####
(B)1 year after the death or onset of disability described in paragraph (2). ####
(2)Aliens described #####
(A)Principal aliens An alien is described in this paragraph if the alien was disabled as a direct result of a specified terrorist activity. #####
(B)Spouses and children An alien is described in this paragraph if the alien was, on September 10, 2001, the spouse or child of— ######
(i)a principal alien described in subparagraph (A); or ######
(ii)an alien who died as a direct result of a specified terrorist activity. ####
(3)Authorized employment During the period in which a principal alien or alien spouse is in lawful nonimmigrant status under paragraph (1), the alien shall be provided an “employment authorized” endorsement or other appropriate document signifying authorization of employment not later than 30 days after the alien requests such authorization. ###
(b)New Deadlines for Extension or Change of Nonimmigrant Status ####
(1)Filing delays In the case of an alien who was lawfully present in the United States as a nonimmigrant on September 10, 2001, if the alien was prevented from filing a timely application for an extension or change of nonimmigrant status as a direct result of a specified terrorist activity, the alien's application shall be considered timely filed if it is filed not later than 60 days after it otherwise would have been due. ####
(2)Departure delays In the case of an alien who was lawfully present in the United States as a nonimmigrant on September 10, 2001, if the alien is unable timely to depart the United States as a direct result of a specified terrorist activity, the alien shall not be considered to have been unlawfully present in the United States during the period beginning on September 11, 2001, and ending on the date of the alien's departure, if such departure occurs on or before November 11, 2001. ####
(3)Special rule for aliens unable to return from abroad #####
(A)Principal aliens In the case of an alien who was in a lawful nonimmigrant status on September 10, 2001, but who was not present in the United States on such date, if the alien was prevented from returning to the United States in order to file a timely application for an extension of nonimmigrant status as a direct result of a specified terrorist activity— ######
(i)the alien's application shall be considered timely filed if it is filed not later than 60 days after it otherwise would have been due; and ######
(ii)the alien's lawful nonimmigrant status shall be considered to continue until the later of— ######
(I)the date such status otherwise would have terminated if this subparagraph had not been enacted; or ######
(II)the date that is 60 days after the date on which the application described in clause
(i)otherwise would have been due. #####
(B)Spouses and children In the case of an alien who is the spouse or child of a principal alien described in subparagraph (A), if the spouse or child was in a lawful nonimmigrant status on September 10, 2001, the spouse or child may remain lawfully in the United States in the same nonimmigrant status until the later of— ######
(i)the date such lawful nonimmigrant status otherwise would have terminated if this subparagraph had not been enacted; or ######
(ii)the date that is 60 days after the date on which the application described in subparagraph
(A)otherwise would have been due. ####
(4)Circumstances preventing timely action #####
(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. ###
(d)Extension of Expiration of Immigrant Visas ####
(1)In general Notwithstanding the limitations under section 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)), in the case of any immigrant visa issued to an alien that expires or expired before December 31, 2001, if the alien was unable to effect entry into the United States as a direct result of a specified terrorist activity, then the period of validity of the visa is extended until December 31, 2001, unless a longer period of validity is otherwise provided under this subtitle. ####
(2)Circumstances preventing entry For purposes of this subsection, circumstances preventing an alien from effecting entry into the United States are— #####
(A)office closures; #####
(B)airline flight cessations or delays; and #####
(C)other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements. ###
(e)Grants of Parole Extended ####
(1)In general In the case of any parole granted by the Attorney General under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on or after September 11, 2001, if the alien beneficiary of the parole was unable to return to the United States prior to the expiration date as a direct result of a specified terrorist activity, the parole is deemed extended for an additional 90 days. ####
(2)Circumstances preventing return For purposes of this subsection, circumstances preventing an alien from timely returning to the United States are— #####
(A)office closures; #####
(B)airline flight cessations or delays; and #####
(C)other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements. ###
(f)Voluntary Departure Notwithstanding section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), if a period for voluntary departure under such section expired during the period beginning on September 11, 2001, and ending on October 11, 2001, such voluntary departure period is deemed extended for an additional 30 days.
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Sec. 422
EXTENSION OF FILING OR REENTRY DEADLINES
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