[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: 8CFR216.3]



[Page 390-391]

 

                     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



[[Page 391]]



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]