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

["DiemQuynh Nguyen" <diemquynhng@hotmail.com>]

Cha`o ba'c Dda`o va` ca'c ba'c:
Ma^'y nhi.p ca^`u tre vo*'i lua^.t le^. My~ nhu* the^' na`y thi` sau hai 
na(m ca^`u tre tha`nh ca^`u be^-to^ng ddu'c 8 tuye^'n ma^'t ! Ca'c ba'c co' 
ke^' hoa.ch ba('c ca^`u mo^.t na(m mo^.t la`^`n hay va`i la^`n trong ddo*`i 
nghe dda~ "so*." chu*a ?
DDa~ ba?o da^y to* ho^`ng tho*`i nay la`m ba(`ng so*.i nylon ma` co' ta^?m 
supper glue ma `la.i!
Xem xe't cho ky~ tru*o*'c khi "tu*. tro'i" nhe'!
DX

From: Dao Van <daotb@YAHOO.COM>

>------------------------------------------
>
>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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