[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR235.11]

[Page 468]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec. 235.11  Admission of conditional permanent residents.

    (a) General--(1) Conditional residence based on family relationship. 
An alien seeking admission to the United States with an immigrant visa 
as the spouse or son or daughter of a United States citizen or lawful 
permanent resident shall be examined to determine whether the conditions 
of section 216 of the Act apply. If so, the alien shall be admitted 
conditionally for a period of 2 years. At the time of admission, the 
alien shall be notified that the alien and his or her petitioning spouse 
must file a Form I-751, Petition to Remove the Conditions on Residence, 
within the 90-day period immediately preceding the second anniversary of 
the alien's admission for permanent residence.
    (2) Conditional residence based on entrepreneurship. An alien 
seeking admission to the United States with an immigrant visa as an 
alien entrepreneur (as defined in section 216A(f)(1) of the Act) or the 
spouse or unmarried minor child of an alien entrepreneur shall be 
admitted conditionally for a period of 2 years. At the time of 
admission, the alien shall be notified that the principal alien 
(entrepreneur) must file a Form I-829, Petition by Entrepreneur to 
Remove Conditions, within the 90-day period immediately preceding the 
second anniversary of the alien's admission for permanent residence.
    (b) Correction of endorsement on immigrant visa. If the alien is 
subject to the provisions of section 216 of the Act, but the 
classification endorsed on the immigrant visa does not so indicate, the 
endorsement shall be corrected and the alien shall be admitted as a 
lawful permanent resident on a conditional basis, if otherwise 
admissible. Conversely, if the alien is not subject to the provisions of 
section 216 of the Act, but the visa classification endorsed on the 
immigrant visa indicates that the alien is subject thereto (e.g., if the 
second anniversary of the marriage upon which the immigrant visa is 
based occurred after the issuance of the visa and prior to the alien's 
application for admission) the endorsement on the visa shall be 
corrected and the alien shall be admitted as a lawful permanent resident 
without conditions, if otherwise admissible.
    (c) Expired conditional permanent resident status. The lawful 
permanent resident alien status of a conditional resident automatically 
terminates if the conditional basis of such status is not removed by the 
Service through approval of a Form I-751, Petition to Remove the 
Conditions on Residence or, in the case of an alien entrepreneur (as 
defined in section 216A(f)(1) of the Act), Form I-829, Petition by 
Entrepreneur to Remove Conditions. Therefore, an alien who is seeking 
admission as a returning resident subsequent to the second anniversary 
of the date on which conditional residence was obtained (except as 
provided in Sec. 211.1(b)(1) of this chapter) and whose conditional 
basis of such residence has not been removed pursuant to section 216(c) 
or 216A(c) of the Act, whichever is applicable, shall be placed under 
removal proceedings. However, in a case where conditional residence was 
based on a marriage, removal proceedings may be terminated and the alien 
may be admitted as a returning resident if the required Form I-751 is 
filed jointly, or by the alien alone (if appropriate), and approved by 
the Service. In the case of an alien entrepreneur, removal proceedings 
may be terminated and the alien admitted as a returning resident if the 
required Form I-829 is filed by the alien entrepreneur and approved by 
the Service.

[62 FR 10360, Mar. 6, 1997]