Page:United States Statutes at Large Volume 104 Part 6.djvu/601

This page needs to be proofread.


PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 4991 subsection (f)(D), 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)(l) to have the conditional basis of such status i 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 provis sions 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 Grenergil 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 weis 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 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. "(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR RE- MOVAL OF CONDITION. —