[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR216.1]



[Page 389-390]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 216_CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS--Table 

of Contents

 

Sec. 216.1  Definition of conditional permanent resident.









Sec.

216.1 Definition of conditional permanent resident.

216.2 Notification requirements.

216.3 Termination of conditional resident status.

216.4 Joint petition to remove conditional basis of lawful permanent 

          resident status for alien spouse.

216.5 Waiver of requirement to file joint petition to remove conditions 

          by alien spouse.

216.6 Petition by entrepreneur to remove conditional basis of lawful 

          permanent resident status.



    Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8 CFR 

part 2.



    Source: 53 FR 30018, Aug. 10, 1988, unless otherwise noted.





    A conditional permanent resident is an alien who has been lawfully 

admitted for permanent residence within the meaning of section 

101(a)(20) of the Act, except that a conditional permanent resident is 

also subject to the conditions and responsibilities set forth in section 

216 or 216A of the Act, whichever is applicable, and part 216 of this 

chapter. Unless otherwise specified, the rights, privileges, 

responsibilities and duties which apply to all other lawful permanent 

residents apply equally to conditional permanent residents, including 

but not limited to the right to apply for naturalization (if otherwise 

eligible), the right to file petitions on behalf of qualifying 

relatives, the privilege of residing permanently in the United States as 

an immigrant in accordance with the immigration laws, such status not 

having changed; the duty to register with the Selective Service System, 

when required; and the responsibility for complying with all laws and 

regulations of the United States. All references within this chapter to 

lawful permanent residents apply equally to conditional permanent 

residents, unless otherwise specified. The conditions of section 216 of 

the Act shall not apply to lawful permanent resident status based on a 

self-petitioning relationship under section 204(a)(1)(A)(iii), 

204(a)(1)(A)(iv), 204(a)(1)(b)(ii), or 204(a)(1)(B)(iii) of the Act or 

based on eligibility as the derivative child of a self-petitioning 

spouse under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the Act, 

regardless of the date on which the marriage to the



[[Page 390]]



abusive citizen or lawful permanent resident occurred.



[53 FR 30018, Aug. 10, 1988, as amended at 59 FR 26590, May 23, 1994; 61 

FR 13079, Mar. 26, 1996]