[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: 8CFR216.2]



[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. 216.2  Notification requirements.



    (a) When alien acquires status of conditional permanent resident. At 

the time an alien acquires conditional permanent residence through 

admission to the United States with an immigrant visa or adjustment of 

status under section 245 of the Act, the Service shall notify the alien 

of the conditional basis of the alien's status, of the requirement that 

the alien apply for removal of the conditions within the ninety days 

immediately preceding the second anniversary of the alien's having been 

granted such status, and that failure to apply for removal of the 

conditions will result in automatic termination of the alien's lawful 

status in the United States.

    (b) When alien is required to apply for removal of the conditional 

basis of lawful permanent resident status. Approximately 90 days before 

the second anniversary of the date on which the alien obtained 

conditional permanent residence, the Service should notify the alien a 

second time of the requirement that the alien and the petitioning spouse 

or alien entrepreneur must file a petition to remove the conditional 

basis of the alien's lawful permanent residence. Such notification shall 

be mailed to the alien's last known address.

    (c) Effect of failure to provide notification. Failure of the 

Service to provide notification as required by either paragraph (a) or 

(b) of this section does not relieve the alien and the petitioning 

spouse, or alien entrepreneur of the requirement to file a petition to 

remove conditions within the 90 days immediately preceding the second 

anniversary of the date on which the alien obtained permanent residence.



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