[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR216.3]

[Page 405-406]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS--Table of Contents
 
Sec. 216.3  Termination of conditional resident status.

    (a) 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 
216(b)(1) or 216A(b)(1) 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 203(b)(5) 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

[[Page 406]]

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 Sec. 103.2(b)(2) of this 
chapter. 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 239. During the ensuing removal proceedings, 
the alien 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 216(b)(1) or 216A(b)(1) of the Act, whichever is applicable, are 
true, or that an alien entrepreneur who was admitted pursuant to section 
203(b)(5) of the Act obtained his or her investment capital through 
other than legal means (such as through the sale of illegal drugs).
    (b) 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 216A(b)(1) of the Act, the director may 
institute rescission proceedings pursuant to section 246 of the Act (if 
otherwise appropriate) or removal proceedings under section 240 of the 
Act.

[62 FR 10349, Mar. 6, 1997]