[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: 8CFR235.11]



[Page 426-427]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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



[[Page 427]]



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]