[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR216.3]

[Page 390]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
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 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]

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