[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR216.2]

[Page 397-398]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 216_CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS--Table
 
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

[[Page 398]]

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]