100 STAT. 3538
PUBLIC LAW 99-639—NOV. 10, 1986
Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that— "(A) the qualifying marriage— "(i) was entered into for the purpose of procuring an ' ' • alien's entry as an immigrant, or ' "(ii) has been judicially annulled or terminated, other than through the death of a spouse; or ' • "(B) a fee or other consideration was given (other than a " ' ^* • " ^ fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition 8 USC 1154; pos<, under section 204(a) or 214(d) with respect to the alien; p- 3542. the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. "(2) HEARING IN DEPORTATION PROCEEDING.—Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport 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. ^5., f
"(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 spouse or an alien son or daughter to be removed— ,,^, "(A) the alien spouse and the petitioning spouse (if not deceased) jointly 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)(D, and "(B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(D"(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 (I)(A), or "(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the ., interview described in paragraph (I)(B), the Attorney General shall terminate the permanent resi^ ^ •• dent status of the alien as of the second anniversary of the alien's lawful admission for permanent residence. "(B)
HEARING IN
DEPORTATION PROCEEDING.—In
any
deportation 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 (I)(A) and (I)(B).
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