Lua^.t INS - Qui ddi.nh sau 2 na(m ca^'p the? ta.m ...

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xem co' ddu?  ddie^`u kie^.n ca^'p the?  thu+o+`ng tru'
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chi?  ddu+o+.c ca^'p the?  cu+ tru' ta.m ...  Sau 2 na(m ma` kho^ng
chu+'ng minh ddu+o+.c la` vo+.  cho^`ng thu+.c su+.  ...  Se~ bi.  che^'
ta`i nhu+ the^' na`o . Mo+`i ca'c ba'c coi tie^'p .



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IMMIGRATION AND NATIONALITY ACT TITLE II - IMMIGRATION CHAPTER 2 -
QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND
ALIENS



INA: ACT 216A - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
ENTREPRENEURS, SPOUSED, AND CHILDREN

Sec.  216A.  [8 U.S.C.  1186b]

(a) In general.-

(1) Conditional basis for
status.-Notwithstanding any other provision of this Act, an alien
entrepreneur (as defined in subsection (f)(1)), alien spouse, and alien
child
(as defined in
subsection (f)(2)) shall be considered, at the time of obtaining the
status of an alien lawfully admitted for permanent residence, to have
obtained such status on a conditional basis subject to the provisions of
this section. 

(2) Notice of
requirements.-

(A) At time of obtaining
permanent residence.-At the time an alien entrepreneur, alien spouse, or
alien child obtains permanent resident status on a conditional basis
under paragraph (1), the Attorney General shall provide for notice to
such an entrepreneur, spouse, or child respecting the provisions of this
section and the requirements of subsection
(c)(1) to have the
conditional basis of such status removed. 

(B) At time of required
petition.-In addition, the Attorney General shall attempt to provide
notice to such an entrepreneur, spouse, or child, at or about the
beginning of the 90-day period described in subsection (d)(2)(A), of the
requirements of subsection (c)(1). 

(C) Effect of failure to
provide notice.-The failure of the Attorney General to provide a notice
under this paragraph shall not affect the enforcement of the provisions
of this section with respect to such an entrepreneur, spouse, or child. 

(b) Termination of status
if finding that qualifying entrepreneurship improper.-

(1) In general.-In the
case of an alien entrepreneur with permanent resident status on a
conditional basis under subsection (a), if the Attorney General
determines, before the second anniversary of the alien's obtaining the
status of lawful admission for permanent residence, that-

(A) the establishment of
the commercial enterprise was intended solely as a means of evading the
immigration laws of the United States,

(B)(i) a commercial
enterprise was not established by the alien,

(ii) the alien did not
invest or was not actively in the process of investing the requisite
capital; or

(iii) the alien was not
sustaining the actions described in clause (i) or (ii) throughout the
period of the alien's residence in the United States, or

(C) the alien was
otherwise not conforming to the requirements of section 203(b)(5) , then
the Attorney General shall so notify the alien involved and, subject to
paragraph
(2), shall
terminate the permanent resident status of the alien (and the alien
spouse and alien child) involved as of the date of the determination. 

(2) Hearing in removal
proceeding.-Any alien whose permanent resident status is terminated
under paragraph
(1) may request a review of such determination in a
proceeding to remove the alien.  In such proceeding, the burden of proof
shall be on the Attorney General to establish, by a preponderance of the
evidence, that a condition described in paragraph (1) is met. 

(c) Requirements of Timely
Petition and Interview for Removal of Condition.-

(1) In general.-In order
for the conditional basis established under subsection
(a) for an
alien entrepreneur, alien spouse, or alien child to be removed-

(A) the alien entrepreneur
must submit to the Attorney General, during the period described in
subsection (d)(2), a petition which requests the removal of such
conditional basis and which states, under penalty of perjury, the facts
and information described in subsection
(d)(1), and

(B) in accordance with
subsection (d)(3), the alien entrepreneur must appear for a personal
interview before an officer or employee of the Service respecting the
facts and information described in subsection
(d)(1).

(2) Termination of
permanent resident status for failure to file petition or have personal
interview.-

(A) In general.-In the
case of an alien with permanent resident status on a conditional basis
under subsection (a), if-

(i) no petition is filed
with respect to the alien in accordance with the provisions of paragraph
(1)(A), or

(ii) unless there is good
cause shown, the alien entrepreneur fails to appear at the interview
described in paragraph
(1)(B) (if required under subsection (d)(3)), the
Attorney General shall terminate the permanent resident status of the
alien (and the alien's spouse and children if it was obtained on a
conditional basis under this section or section 216) as of the second
anniversary of the alien's lawful admission for permanent residence. 

(B) Hearing in removal
proceeding.-In any removal proceeding with respect to an alien whose
permanent resident status is terminated under subparagraph (A), the
burden of proof shall be on the alien to establish compliance with the
conditions of paragraphs
(1)(A) and
(1)(B).

(3) Determination after
petition and interview.-

(A) In general.-If-

(i) a petition is filed in
accordance with the provisions of paragraph (1)(A), and

](ii) the alien
entrepreneur appears at any interview described in paragraph (1)(B), the
Attorney General shall make a determination, within 90 days of the date
of the such filing or interview (whichever is later), as to whether the
facts and information described in subsection (d)(1) and alleged in the
petition are true with respect to the qualifying commercial enterprise. 

(B) Removal of conditional
basis if favorable determination.-If the Attorney General determines
that such facts and information are true, the Attorney General shall so
notify the alien involved and shall remove the conditional basis of the
alien's status effective as of the second anniversary of the alien's
lawful admission for permanent residence. 

(C) Termination if adverse
determination.-If the Attorney General determines that such facts and
information are not true, the Attorney General shall so notify the alien
involved and, subject to subparagraph (D), shall terminate the permanent
resident status of an alien entrepreneur, alien spouse, or alien child
as of the date of the determination. 

(D) Hearing in removal
proceeding.-Any alien whose permanent resident status is terminated
under subparagraph (C) may request a review of such determination in a
proceeding to remove the alien.  In such proceeding, the burden of proof
shall be on the Attorney General to establish, by a preponderance of the
evidence, that the facts and information described in subsection (d)(1)
and alleged in the petition are not true with respect to the qualifying
commercial enterprise. 

(d) Details of Petition
and Interview.-

(1) Contents of
petition.-Each petition under subsection (c)(1)(A) shall contain facts
and information demonstrating that-

(A) a commercial
enterprise was established by the alien;

(B) the alien invested or
was actively in the process of investing the requisite capital; and

(C) the alien sustained
the actions described in subparagraphs (A) and (B) throughout the period
of the alien's residence in the United States. 

(2) Period for filing
petition.-

(A) 90-day period before
second anniversary.-Except as provided in subparagraph
(B), the
petition under subsection
(c)(1)(A) must be filed during the 90-day period
before the second anniversary of the alien's lawful admission for
permanent residence. 

(B) Date petitions for
good cause.-Such a petition may be considered if filed after such date,
but only if the alien establishes to the satisfaction of the Attorney
General good cause and extenuating circumstances for failure to file the
petition during the period described in subparagraph (A). 

(C) Filing of petitions
during removal.-In the case of an alien who is the subject of removal
hearings as a result of failure to file a petition on a timely basis in
accordance with subparagraph (A), the Attorney General may stay such
removal proceedings against an alien pending the filing of the petition
under subparagraph (B). 

(3) Personal
interview.-The interview under subsection (c)(1)(B) shall be conducted
within 90 days after the date of submitting a petition under subsection
(c)(1)(A) and at a local office of the Service, designated by the
Attorney General, which is convenient to the parties involved.  The
Attorney General, in the Attorney General's discretion, may waive the
deadline for such an interview or the requirement for such an interview
in such cases as may be appropriate. 

(e) Treatment of Period
for Purposes of Naturalization.-For purposes of title III, in the case
of an alien who is in the United States as a lawful permanent resident
on a conditional basis under this section, the alien shall be considered
to have been admitted as an alien lawfully admitted for permanent
residence and to be in the United States as an alien lawfully admitted
to the United States for permanent residence. 

(f) Definitions.-In this
section:

(1) The term "alien
entrepreneur" means an alien who obtains the status of an alien lawfully
admitted for permanent residence (whether on a conditional basis or
otherwise) under section 203(b)(5) .

(2) The term "alien
spouse" and the term "alien child" mean an alien who obtains the status
of an alien lawfully admitted for permanent residence (whether on a
conditional basis or otherwise) by virtue of being the spouse or child,
respectively, of an alien entrepreneur. 


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