\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 1216 -- CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS \ § 1216.3 Termination of conditional resident status.
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§ 1216.3 Termination of conditional resident status.
During the two-year conditional period.
The director shall send a formal written notice to the conditional permanent resident of the termination of the alien's conditional permanent resident status if the director determines that any of the conditions set forth in section
of the Act, whichever is applicable, are true, or it becomes known to the government that an alien entrepreneur who was admitted pursuant to section
of the Act obtained his or her investment capital through other than legal means (such as through the sale of illegal drugs). If the Service issues a notice of intent to terminate an alien's conditional resident status, the director shall not adjudicate Form I-751 or Form I-829 until it has been determined that the alien's status will not be terminated. During this time, the alien shall continue to be a lawful conditional permanent resident with all the rights, privileges, and responsibilities provided to
persons possessing such status. Prior to issuing the notice of termination, the director shall provide the alien with an opportunity to review and rebut the evidence upon which the decision is to be based, in accordance with
of 8 CFR chapter I. The termination of status, and all of the rights and privileges concomitant thereto (including authorization to accept or continue in employment in this country), shall take effect as of the date of such determination by the director, although the alien may request a review of such determination in removal proceedings. In addition to the notice of termination, the director shall issue a notice to appear in accordance with 8 CFR part 1239. During the ensuing removal proceedings, the alie
n may submit evidence to rebut the determination of the director. The burden of proof shall be on the Service to establish, by a preponderance of the evidence, that one or more of the conditions in section
of the Act, whichever is applicable, are true, or that an alien entrepreneur who was admitted pursuant to section
of the Act obtained his or her investment capital through other than legal means (such as through the sale of illegal drugs).
Determination of fraud after two years.
If, subsequent to the removal of the conditional basis of an alien's permanent resident status, the director determines that an alien spouse obtained permanent resident status through a marriage which was entered into for the purpose of evading the immigration laws or an alien entrepreneur obtained permanent resident status through a commercial enterprise which was improper under section
of the Act, the director may institute rescission proceedings pursuant to section
of the Act (if otherwise appropriate) or removal proceedings under section
of the Act.
62 FR 10349
, Mar. 6, 1997]