§ 1186b. Conditional permanent resident status
for certain alien entrepreneurs, spouses, and
children
(a) In general
(1) Conditional basis for status
An alien investor, alien spouse, and alien
child shall be considered, at the time of ob-
taining status as 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 investor, alien spouse,
or alien child obtains permanent resident
status on a conditional basis under para-
graph (1), the Secretary of Homeland Secu-
rity shall provide for notice to such an in-
vestor, spouse, or child respecting the provi-
sions 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 Secretary of Homeland Se-
curity shall attempt to provide notice to
such an investor, spouse, or child, at or
about the beginning of the 90-day period de-
scribed in subsection (d)(2)(A), of the re-
quirements of subsection (c)(1).
(C) Effect of failure to provide notice
The failure of the Secretary of Homeland
Security to provide a notice under this para-
graph shall not affect the enforcement of the
provisions of this section with respect to
such an investor, spouse, or child.
(b) Termination of status if finding that quali-
fying investment improper
(1) In general
In the case of an alien investor with perma-
nent resident status on a conditional basis
under subsection (a), if the Secretary of Home-
land Security determines, before the second
anniversary of the alien’s obtaining the status
of lawful admission for permanent residence,
that—
(A) t
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Page 249
TITLE 8—ALIENS AND NATIONALITY
§ 1186b
references, see note set out under section 1551 of this
title.
§ 1186b. Conditional permanent resident status
for certain alien entrepreneurs, spouses, and
children
(a) In general
(1) Conditional basis for status
An alien investor, alien spouse, and alien
child shall be considered, at the time of ob-
taining status as 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 investor, alien spouse,
or alien child obtains permanent resident
status on a conditional basis under para-
graph (1), the Secretary of Homeland Secu-
rity shall provide for notice to such an in-
vestor, spouse, or child respecting the provi-
sions 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 Secretary of Homeland Se-
curity shall attempt to provide notice to
such an investor, spouse, or child, at or
about the beginning of the 90-day period de-
scribed in subsection (d)(2)(A), of the re-
quirements of subsection (c)(1).
(C) Effect of failure to provide notice
The failure of the Secretary of Homeland
Security to provide a notice under this para-
graph shall not affect the enforcement of the
provisions of this section with respect to
such an investor, spouse, or child.
(b) Termination of status if finding that quali-
fying investment improper
(1) In general
In the case of an alien investor with perma-
nent resident status on a conditional basis
under subsection (a), if the Secretary of Home-
land Security determines, before the second
anniversary of the alien’s obtaining the status
of lawful admission for permanent residence,
that—
(A) the investment in the commercial en-
terprise was intended solely as a means of
evading the immigration laws of the United
States,
(B) the alien did not invest the requisite
capital; or
(C) the alien was otherwise not conforming
to the requirements of section 1153(b)(5) of
this title,
then the Secretary of Homeland Security 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 Secretary of
Homeland Security to establish, by a prepon-
derance of the evidence, that a condition de-
scribed in paragraph (1) is met.
(c) Requirements for removal of condition
(1) In general
Except as provided in paragraph (3)(D), in
order for the conditional basis established
under subsection (a) for an alien investor,
alien spouse, or alien child to be removed—
(A) the alien investor shall submit to the
Secretary of Homeland Security, during the
period described in subsection (d)(2), a peti-
tion which requests the removal of such con-
ditional basis and which states, under pen-
alty of perjury, the facts and information
described in subsection (d)(1);
(B) in accordance with subsection (d)(3),
the alien investor shall appear for a personal
interview before an officer or employee of
the Department of Homeland Security re-
specting the facts and information described
in subsection (d)(1); and
(C) the Secretary shall have performed a
site visit to the relevant corporate office or
business
location
described
in
section
1153(b)(5)(F)(iv) of this title.
(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 investor fails to appear at the inter-
view described in paragraph (1)(B) (if re-
quired under subsection (d)(3)),
the Secretary of Homeland Security shall
terminate the permanent resident status of
the alien (and the alien’s spouse and chil-
dren if it was obtained on a conditional basis
under this section or section 1186a of this
title) as of the second anniversary of the
alien’s lawful admission for permanent resi-
dence.
(B) Hearing in removal proceeding
In any removal proceeding with respect to
an alien whose permanent resident status is
terminated under subparagraph (A), the bur-
den of proof shall be on the alien to establish
compliance with the conditions of para-
graphs (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 investor appears at any
interview described in paragraph (1)(B),
the Secretary of Homeland Security shall
make a determination, within 90 days of the
Page 250
TITLE 8—ALIENS AND NATIONALITY
§ 1186b
date of such filing or interview (whichever is
later), as to whether the facts and informa-
tion described in subsection (d)(1) and al-
leged in the petition are true with respect to
the qualifying commercial enterprise.
(B) Removal or extension of conditional basis
(i) In general
Except as provided in clause (ii), if the
Secretary determines that the facts and
information contained in a petition sub-
mitted under paragraph (1)(A) are true, in-
cluding demonstrating that the alien com-
plied with subsection (d)(1)(B)(i), the Sec-
retary shall—
(I) notify the alien involved of such de-
termination; and
(II) remove the conditional basis of the
alien’s status effective as of the second
anniversary of the alien’s lawful admis-
sion for permanent residence.
(ii) Exception
If the petition demonstrates that the
facts and information are true and that
the alien is in compliance with subsection
(d)(1)(B)(ii)—
(I) the Secretary, in the Secretary’s
discretion, may provide a 1-year exten-
sion of the alien’s conditional status;
and
(II)(aa) if the alien files a petition not
later than 30 days after the third anni-
versary of the alien’s lawful admission
for permanent residence demonstrating
that the alien complied with subsection
(d)(1)(B)(i), the Secretary shall remove
the conditional basis of the alien’s status
effective as of such third anniversary; or
(bb) if the alien does not file the peti-
tion described in item (aa), the condi-
tional status shall terminate at the end
of such additional year.
(C) Termination if adverse determination
If the Secretary of Homeland Security de-
termines that such facts and information are
not true, the Secretary of Homeland Secu-
rity shall so notify the alien involved and,
subject to subparagraph (D), shall terminate
the permanent resident status of an alien in-
vestor, alien spouse, or alien child as of the
date of the determination.
(D) Hearing in removal proceeding
Any alien whose permanent resident sta-
tus 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 Secretary of Homeland Security to es-
tablish, 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 dem-
onstrating that the alien—
(A) invested the requisite capital;
(B)(i) created the employment required
under section 1153(b)(5)(A)(ii) of this title; or
(ii) is actively in the process of creating
the employment required under section
1153(b)(5)(A)(ii) of this title and will create
such employment before the third anniver-
sary of the alien’s lawful admission for per-
manent residence, provided that such alien’s
capital will remain invested during such
time; and
(C) is otherwise conforming to the require-
ments of section 1153(b)(5) of this title.
(2) Period for filing petition
(A) Ninety-day period before second anniver-
sary
(i) In general
Except as provided in clause (ii) and sub-
paragraph (B), a petition under subsection
(c)(1)(A) shall be filed during the 90-day pe-
riod immediately preceding the second an-
niversary of the alien investor’s lawful ad-
mission for permanent residence.
(ii) Exception
Aliens described in subclauses (I)(bb) and
(II) of section 1153(b)(5)(M)(ii) of this title
shall file a petition under subsection
(c)(1)(A) during the 90-day period before
the second anniversary of the subsequent
investment.
(B) Date petitions for good cause
Such a petition may be considered if filed
after such date, but only if the alien estab-
lishes to the satisfaction of the Secretary of
Homeland Security good cause and extenu-
ating circumstances for failure to file the
petition during the period described in sub-
paragraph (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 accord-
ance with subparagraph (A), the Attorney
General may stay such removal proceedings
against an alien pending the filing of the pe-
tition under subparagraph (B).
(3) Personal interview
(A) In general
The interview under subsection (c)(1)(B)
shall be conducted within 90 days after the
date of submitting a petition under sub-
section (c)(1)(A) and at a local office of the
Department of Homeland Security, des-
ignated by the Secretary of Homeland Secu-
rity, which is convenient to the parties in-
volved.
(B) Waiver
The Secretary of Homeland Security, in
the Secretary’s discretion, may waive the
deadline for an interview under subsection
(c)(1)(B) or the requirement for such an
interview according to criteria developed by
U.S. Citizenship and Immigration Services,
in consultation with its Fraud Detection and
National Security Directorate and U.S. Im-
migration and Customs Enforcement, pro-
Page 251
TITLE 8—ALIENS AND NATIONALITY
§ 1186b
vided that such criteria do not include a re-
duction of case processing times or the allo-
cation of adjudicatory resources. A waiver
may not be granted under this subparagraph
if the alien to be interviewed—
(i) invested in a regional center, new
commercial enterprise, or job-creating en-
tity that was sanctioned under section
1153(b)(5) of this title; or
(ii) is in a class of aliens determined by
the Secretary to be threats to public safe-
ty or national security.
(e) Treatment of period for purposes of natu-
ralization
For purposes of subchapter 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 admit-
ted 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 investor’’ means an alien
who obtains the status of an alien lawfully ad-
mitted for permanent residence (whether on a
conditional basis or otherwise) under section
1153(b)(5) of this title.
(2) The term ‘‘alien spouse’’ and the term
‘‘alien child’’ mean an alien who obtains the
status of an alien lawfully admitted for per-
manent residence (whether on a conditional
basis or otherwise) by virtue of being the
spouse or child, respectively, of an alien inves-
tor.
(3) The term ‘‘commercial enterprise’’ in-
cludes any entity formed for the purpose of
doing for-profit business.
(June 27, 1952, ch. 477, title II, ch. 2, § 216A, as
added Pub. L. 101–649, title I, § 121(b)(1), Nov. 29,
1990, 104 Stat. 4990; amended Pub. L. 102–232, title
III, § 302(b)(3), Dec. 12, 1991, 105 Stat. 1743; Pub. L.
104–208, div. C, title III, § 308(e)(8), Sept. 30, 1996,
110 Stat. 3009–620; Pub. L. 107–273, div. C, title I,
§ 11036(b), Nov. 2, 2002, 116 Stat. 1847; Pub. L.
117–103, div. BB, § 104(a), Mar. 15, 2022, 136 Stat.
1100.)
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–103, § 104(a)(2), substituted ‘‘inves-
tor’’ for ‘‘entrepreneur’’ wherever appearing.
Pub. L. 117–103, § 104(a)(1), substituted ‘‘Secretary of
Homeland Security’’ for ‘‘Attorney General’’ wherever
appearing, except in subsec. (d)(2)(C).
Subsec. (a)(1). Pub. L. 117–103, § 104(a)(3), amended par.
(1) generally. Prior to amendment, text read as follows:
‘‘Notwithstanding any other provision of this chapter,
an alien investor (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 sub-
ject to the provisions of this section.’’
Subsec. (b). Pub. L. 117–103, § 104(a)(4)(A), substituted
‘‘investment’’ for ‘‘entrepreneurship’’ in heading.
Subsec. (b)(1)(B). Pub. L. 117–103, § 104(a)(4)(B), amend-
ed subpar. (B) generally. Prior to amendment, subpar.
(B) read as follows:
‘‘(B)(i) the alien did not invest, or was not actively in
the process of investing, the requisite capital; or
‘‘(ii) the alien was not sustaining the actions de-
scribed in clause (i) throughout the period of the alien’s
residence in the United States; or’’.
Subsec. (c). Pub. L. 117–103, § 104(a)(5)(A), struck out
‘‘of timely petition and interview’’ after ‘‘Require-
ments’’ in heading.
Subsec. (c)(1). Pub. L. 117–103, § 104(a)(5)(B)(i), sub-
stituted ‘‘Except as provided in paragraph (3)(D), in
order’’ for ‘‘In order’’ in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 117–103, § 104(a)(5)(B)(ii), sub-
stituted ‘‘shall submit’’ for ‘‘must submit’’ and semi-
colon at end for ‘‘, and’’.
Subsec. (c)(1)(B). Pub. L. 117–103, § 104(a)(5)(B)(iii),
substituted ‘‘shall appear’’ for ‘‘must appear’’, ‘‘Depart-
ment of Homeland Security’’ for ‘‘Service’’, and
‘‘; and’’ for period at end.
Subsec. (c)(1)(C). Pub. L. 117–103, § 104(a)(5)(B)(iv),
added subpar. (C).
Subsec. (c)(3)(A). Pub. L. 117–103, § 104(a)(5)(C)(i),
struck out ‘‘the’’ before ‘‘such filing’’ in concluding
provisions.
Subsec. (c)(3)(B). Pub. L. 117–103, § 104(a)(5)(C)(ii),
amended subpar. (B) generally. Prior to amendment,
text read as follows: ‘‘If the Secretary of Homeland Se-
curity determines that such facts and information are
true, the Secretary of Homeland Security shall so no-
tify the alien involved and shall remove the conditional
basis of the alien’s status effective as of the second an-
niversary of the alien’s lawful admission for permanent
residence.’’
Subsec. (d)(1)(A). Pub. L. 117–103, § 104(a)(6)(A)(i),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows:
‘‘(A)(i) invested, or is actively in the process of in-
vesting, the requisite capital; and
‘‘(ii) sustained the actions described in clause (i)
throughout the period of the alien’s residence in the
United States; and’’.
Subsec. (d)(1)(B), (C). Pub. L. 117–103, § 104(a)(6)(A)(ii),
(iii), added subpar. (B) and redesignated former subpar.
(B) as (C).
Subsec. (d)(2)(A). Pub. L. 117–103, § 104(a)(6)(B), amend-
ed subpar. (A) generally. Prior to amendment, text read
as follows: ‘‘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 resi-
dence.’’
Subsec. (d)(3). Pub. L. 117–103, § 104(a)(6)(C), des-
ignated existing provisions as subpar. (A), inserted
heading, substituted ‘‘Department of Homeland Secu-
rity’’ for ‘‘Service’’, struck out ‘‘The Secretary of
Homeland Security, in the Secretary of Homeland Se-
curity’s discretion, may waive the deadline for such an
interview or the requirement for such an interview in
such cases as may be appropriate.’’ after ‘‘parties in-
volved.’’, and added subpar. (B).
Subsec. (f)(3). Pub. L. 117–103, § 104(a)(7), substituted
‘‘any entity formed for the purpose of doing for-profit
business’’ for ‘‘a limited partnership’’.
2002—Subsec. (b)(1)(A). Pub. L. 107–273, § 11036(b)(1)(A),
substituted ‘‘investment in’’ for ‘‘establishment of’’.
Subsec. (b)(1)(B). Pub. L. 107–273, § 11036(b)(1)(B),
amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows:
‘‘(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 de-
scribed in clause (i) or (ii) throughout the period of the
alien’s residence in the United States, or’’.
Subsec. (d)(1). Pub. L. 107–273, § 11036(b)(2), reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘Each peti-
tion under subsection (c)(1)(A) of this section shall con-
tain facts and information demonstrating that—
‘‘(A) a commercial enterprise was established by
the alien;
Page 252
TITLE 8—ALIENS AND NATIONALITY
§ 1186b
‘‘(B) the alien invested or was actively in the proc-
ess 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.’’
Subsec. (f)(3). Pub. L. 107–273, § 11036(b)(3), added par.
(3).
1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘re-
moval’’ for ‘‘deportation’’ in heading and ‘‘remove’’ for
‘‘deport’’ in text.
Subsec. (c)(2)(B). Pub. L. 104–208 substituted ‘‘re-
moval’’ for ‘‘deportation’’ in heading and text.
Subsec. (c)(3)(D). Pub. L. 104–208 substituted ‘‘re-
moval’’ for ‘‘deportation’’ in heading and ‘‘remove’’ for
‘‘deport’’ in text.
Subsec. (d)(2)(C). Pub. L. 104–208 substituted ‘‘re-
moval’’ for ‘‘deportation’’ wherever appearing in head-
ing and text.
1991—Subsec. (c)(2)(A). Pub. L. 102–232, § 302(b)(3)(A),
in closing provisions inserted parenthetical provision
relating to alien’s spouse and children.
Subsecs.
(c)(3)(B),
(d)(2)(A).
Pub.
L.
102–232,
§ 302(b)(3)(B), struck out ‘‘obtaining the status of’’ be-
fore ‘‘lawful admission’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Pub. L. 117–103, div. BB, § 104(b), Mar. 15, 2022, 136
Stat. 1102, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by subsection (a) [amending this
section] shall take effect on the date of the enactment
of this Act [Mar. 15, 2022].
‘‘(2) EXCEPTIONS.—
‘‘(A) SITE
VISITS.—The amendment made by sub-
section (a)(5)(B)(iv) shall take effect on the date that
is 2 years after the date of the enactment of this Act.
‘‘(B) PETITION
BENEFICIARIES.—The amendments
made by subsection (a) shall not apply to the bene-
ficiary of a petition that is filed under section 216A of
the Immigration and Nationality Act (8 U.S.C. 1186b)
if the underlying petition was filed under section
203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) before the
date of the enactment of this Act.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–273 effective Nov. 2, 2002
and applicable to aliens having certain petitions pend-
ing under this section or section 1154 of this title on or
after Nov. 2, 2002, see section 11036(c) of Pub. L. 107–273,
set out as a note under section 1153 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104–208, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–232 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 310(1) of Pub. L. 102–232, set out
as a note under section 1101 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1991, and applicable begin-
ning with fiscal year 1992, see section 161(a) of Pub. L.
101–649, set out as an Effective Date of 1990 Amendment
note under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
IMMIGRATION BENEFITS
Pub. L. 107–273, div. C, title I, §§ 11031–11034, Nov. 2,
2002, 116 Stat. 1837–1846, provided that:
‘‘SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF
PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN ENTREPRENEURS, SPOUSES, AND CHIL-
DREN.
‘‘(a) IN GENERAL.—In lieu of the provisions of section
216A(c)(3) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)), subsection (c) shall apply in the case
of an eligible alien described in subsection (b)(1).
‘‘(b) ELIGIBLE ALIENS DESCRIBED.—
‘‘(1) IN GENERAL.—An alien is an eligible alien de-
scribed in this subsection if the alien—
‘‘(A) filed, under section 204(a)(1)(H) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
(or any predecessor provision), a petition to accord
the alien a status under section 203(b)(5) of such Act
(8 U.S.C. 1153(b)(5)) that was approved by the Attor-
ney General after January 1, 1995, and before Au-
gust 31, 1998;
‘‘(B) pursuant to such approval, obtained the sta-
tus of an alien entrepreneur with permanent resi-
dent status on a conditional basis described in sec-
tion 216A of such Act (8 U.S.C. 1186b); and
‘‘(C) timely filed, in accordance with section
216A(c)(1)(A) of such Act (8 U.S.C. 1186b(c)(1)(A)) and
before the date of the enactment of this Act [Nov.
2, 2002], a petition requesting the removal of such
conditional basis.
‘‘(2) REOPENING PETITIONS PREVIOUSLY DENIED.—
‘‘(A) IN GENERAL.—In the case of a petition de-
scribed in paragraph (1)(C) that was denied under
section 216A(c)(3)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1186b(c)(3)(C)) before the
date of the enactment of this Act, upon a motion to
reopen such petition filed by the eligible alien not
later than 60 days after such date, the Attorney
General shall make determinations on such peti-
tion pursuant to subsection (c).
‘‘(B) PETITIONERS ABROAD.—In the case of such an
eligible alien who is no longer physically present in
the United States, the Attorney General shall es-
tablish a process under which the alien may be pa-
roled into the United States if necessary in order to
obtain the determinations under subsection (c), un-
less the Attorney General finds that—
‘‘(i) the alien is inadmissible or deportable on
any ground; or
‘‘(ii) the petition described in paragraph (1)(C)
was denied on the ground that it contains a mate-
rial misrepresentation in the facts and informa-
tion described in section 216A(d)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1186b(d)(1))
and alleged in the petition with respect to a com-
mercial enterprise.
‘‘(C) DEPORTATION OR REMOVAL PROCEEDINGS.—In
the case of such an eligible alien who was placed in
deportation or removal proceedings by reason of
the denial of the petition described in paragraph
(1)(C), a motion to reopen filed under subparagraph
(A) shall be treated as a motion to reopen such pro-
ceedings. The Attorney General shall grant such
motion notwithstanding any time and number limi-
tations imposed by law on motions to reopen such
proceedings, except that the scope of any pro-
ceeding reopened on this basis shall be limited to
whether any order of deportation or removal should
be vacated, and the alien granted the status of an
alien lawfully admitted for permanent residence
(unconditionally or on a conditional basis), by rea-
son of the determinations made under subsection
(c). An alien who is inadmissible or deportable on
any ground shall not be granted such status, except
that this prohibition shall not apply to an alien
who has been paroled into the United States under
subparagraph (B).
‘‘(c) DETERMINATIONS ON PETITIONS.—
‘‘(1) INITIAL DETERMINATION.—
Page 253
TITLE 8—ALIENS AND NATIONALITY
§ 1186b
‘‘(A) IN GENERAL.—With respect to each eligible
alien described in subsection (b)(1), the Attorney
General shall make a determination, not later than
180 days after the date of the enactment of this Act
[Nov. 2, 2002], whether—
‘‘(i)
the
petition
described
in
subsection
(b)(1)(C) contains any material misrepresentation
in the facts and information described in section
216A(d)(1) of the Immigration and Nationality Act
(8 U.S.C. 1186b(d)(1)) and alleged in the petition
with respect to a commercial enterprise (regard-
less of whether such enterprise is a limited part-
nership and regardless of whether the alien en-
tered the enterprise after its formation);
‘‘(ii) subject to subparagraphs (B) and (C), such
enterprise created full-time jobs for not fewer
than 10 United States citizens or aliens lawfully
admitted for permanent residence or other immi-
grants lawfully authorized to be employed in the
United States (other than the eligible alien and
the alien’s spouse, sons, or daughters), and those
jobs exist or existed on any of the dates described
in subparagraph (D); and
‘‘(iii) on any of the dates described in subpara-
graph (D), the alien is in substantial compliance
with the capital investment requirement de-
scribed in section 216A(d)(1)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186b(d)(1)(B)).
‘‘(B) INVESTMENT UNDER PILOT IMMIGRATION PRO-
GRAM.—For purposes of subparagraph (A)(ii), an in-
vestment that satisfies the requirements of section
610(c) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Ap-
propriations Act, 1993 (8 U.S.C. 1153 note), as in ef-
fect on the date of the enactment of this Act [Nov.
2, 2002], shall be deemed to satisfy the requirements
of such subparagraph.
‘‘(C) EXCEPTION FOR TROUBLED BUSINESSES.—In the
case of an eligible alien who has made a capital in-
vestment in a troubled business (as defined in 8
CFR 204.6(e), as in effect on the date of the enact-
ment of this Act), in lieu of the determination
under subparagraph (A)(ii), the Attorney General
shall determine whether the number of employees
of the business, as measured on any of the dates de-
scribed in subparagraph (D), is at no less than the
pre-investment level.
‘‘(D) DATES.—The dates described in this subpara-
graph are the following:
‘‘(i) The date on which the petition described in
subsection (b)(1)(C) is filed.
‘‘(ii) 6 months after the date described in clause
(i).
‘‘(iii) The date on which the determination
under subparagraph (A) or (C) is made.
‘‘(E) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE
DETERMINATION.—If the Attorney General renders
an affirmative determination with respect to
clauses (ii) and (iii) of subparagraph (A), and if the
Attorney General renders a negative determination
with respect to clause (i) of such subparagraph, the
Attorney General shall so notify the alien involved
and shall remove the conditional basis of the alien’s
status (and that of the alien’s spouse and children
if it was obtained under section 216A of the Immi-
gration and Nationality Act (8 U.S.C. 1186b)) effec-
tive as of the second anniversary of the alien’s law-
ful admission for permanent residence.
‘‘(F) REQUIREMENTS RELATING TO ADVERSE DETER-
MINATIONS.—
‘‘(i) NOTICE.—If the Attorney General renders an
adverse determination with respect to clause (i),
(ii), or (iii) of subparagraph (A), the Attorney
General shall so notify the alien involved. The no-
tice shall be in writing and shall state the factual
basis for any adverse determination. The Attor-
ney General shall provide the alien with an oppor-
tunity to submit evidence to rebut any adverse
determination. If the Attorney General reverses
all adverse determinations pursuant to such re-
buttal, the Attorney General shall so notify the
alien involved and shall remove the conditional
basis of the alien’s status (and that of the alien’s
spouse and children if it was obtained under sec-
tion 216A of the Immigration and Nationality Act
(8 U.S.C. 1186b)) effective as of the second anniver-
sary of the alien’s lawful admission for perma-
nent residence.
‘‘(ii) CONTINUATION OF CONDITIONAL BASIS IF CER-
TAIN ADVERSE DETERMINATIONS.—If the Attorney
General renders an adverse determination with
respect to clause (ii) or (iii) of subparagraph (A),
and the eligible alien’s rebuttal does not cause
the Attorney General to reverse such determina-
tion, the Attorney General shall continue the
conditional basis of the alien’s permanent resi-
dent status (and that of the alien’s spouse and
children if it was obtained under section 216A of
the Immigration and Nationality Act (8 U.S.C.
1186b)) for a 2-year period.
‘‘(iii) TERMINATION
IF
ADVERSE
DETERMINA-
TION.—If the Attorney General renders an adverse
determination with respect to subparagraph
(A)(i), and the eligible alien’s rebuttal does not
cause the Attorney General to reverse such deter-
mination, the Attorney General shall so notify
the alien involved and, subject to subsection (d),
shall terminate the permanent resident status of
the alien (and that of the alien’s spouse and chil-
dren if it was obtained on a conditional basis
under section 216A of the Immigration and Na-
tionality Act (8 U.S.C. 1186b)).
‘‘(iv) ADMINISTRATIVE AND JUDICIAL REVIEW.—An
alien may seek administrative review of an ad-
verse determination made under subparagraph (A)
by filing a petition for such review with the
Board of Immigration Appeals. If the Board of Im-
migration Appeals denies the petition, the alien
may seek judicial review. The procedures for judi-
cial review under this clause shall be the same as
the procedures for judicial review of a final order
of removal under section 242(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252(a)(1)). Dur-
ing the period in which an administrative or judi-
cial appeal under this clause is pending, the At-
torney General shall continue the conditional
basis of the alien’s permanent resident status
(and that of the alien’s spouse and children if it
was obtained under section 216A of the Immigra-
tion and Nationality Act (8 U.S.C. 1186b)).
‘‘(2) SECOND DETERMINATION.—
‘‘(A) AUTHORIZATION TO CONSIDER INVESTMENTS IN
OTHER
COMMERCIAL
ENTERPRISES.—In determining
under this paragraph whether to remove a condi-
tional basis continued under paragraph (1)(F)(ii)
with respect to an alien, the Attorney General shall
consider any capital investment made by the alien
in a commercial enterprise (regardless of whether
such enterprise is a limited partnership and regard-
less of whether the alien entered the enterprise
after its formation), in the United States, regard-
less of whether that investment was made before or
after the determinations under paragraph (1) and
regardless of whether the commercial enterprise is
the same as that considered in the determinations
under such paragraph, if facts and information with
respect to the investment and the enterprise are in-
cluded in the petition submitted under subpara-
graph (B).
‘‘(B) PETITION.—In order for a conditional basis
continued under paragraph (1)(F)(ii) for an eligible
alien (and the alien’s spouse and children) to be re-
moved, the alien must submit to the Attorney Gen-
eral, during the period described in subparagraph
(C), a petition which requests the removal of such
conditional basis and which states, under penalty of
perjury, the facts and information described in sub-
paragraphs (A) and (B) of section 216A(d)(1) of the
Immigration
and
Nationality
Act
(8
U.S.C.
1186b(d)(1)) with respect to any commercial enter-
Page 254
TITLE 8—ALIENS AND NATIONALITY
§ 1186b
prise (regardless of whether such enterprise is a
limited partnership and regardless of whether the
alien entered the enterprise after its formation)
which the alien desires to have considered under
this paragraph, regardless of whether such enter-
prise was created before or after the determinations
made under paragraph (1).
‘‘(C) PERIOD FOR FILING PETITION.—
‘‘(i) 90-DAY
PERIOD
BEFORE
SECOND
ANNIVER-
SARY.—Except as provided in clause (ii), the peti-
tion under subparagraph (B) must be filed during
the 90-day period before the second anniversary of
the continuation, under paragraph (1)(F)(ii), of
the conditional basis of the alien’s lawful admis-
sion for permanent residence.
‘‘(ii) DATE PETITIONS FOR GOOD CAUSE.—Such a
petition may be considered if filed after such
date, but only if the alien establishes to the satis-
faction of the Attorney General good cause and
extenuating circumstances for failure to file the
petition during the period described in clause (i).
‘‘(D) TERMINATION OF PERMANENT RESIDENT STATUS
FOR FAILURE TO FILE PETITION.—
‘‘(i) IN GENERAL.—In the case of an alien with
permanent resident status on a conditional basis
under paragraph (1)(F)(ii), if no petition is filed
with respect to the alien in accordance with sub-
paragraph (B), the Attorney General shall termi-
nate the permanent resident status of the alien
(and the alien’s spouse and children if it was ob-
tained on a conditional basis under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)) as of the second anniversary of the con-
tinuation, under paragraph (1)(F)(ii), of the condi-
tional basis of the alien’s lawful admission for
permanent residence.
‘‘(ii) HEARING IN REMOVAL PROCEEDING.—In any
removal proceeding with respect to an alien
whose permanent resident status is terminated
under clause (i), the burden of proof shall be on
the alien to establish compliance with subpara-
graph (B).
‘‘(E) DETERMINATIONS AFTER PETITION.—If a peti-
tion is filed by an eligible alien in accordance with
subparagraph (B), the Attorney General shall make
a determination, within 90 days of the date of such
filing, whether—
‘‘(i) the petition contains any material mis-
representation in the facts and information al-
leged in the petition with respect to the commer-
cial enterprises included in such petition;
‘‘(ii) all such enterprises, considered together,
created full-time jobs for not fewer than 10 United
States citizens or aliens lawfully admitted for
permanent residence or other immigrants law-
fully authorized to be employed in the United
States (other than the eligible alien and the
alien’s spouse, sons, or daughters), and those jobs
exist on the date on which the determination is
made, except that—
‘‘(I) this clause shall apply only if the Attor-
ney General made an adverse determination
with respect to the eligible alien under para-
graph (1)(A)(ii);
‘‘(II) the provisions of subparagraphs (B) and
(C) of paragraph (1) shall apply to a determina-
tion under this clause in the same manner as
they apply to a determination under paragraph
(1)(A)(ii); and
‘‘(III) if the Attorney General determined
under paragraph (1)(A)(ii) that any jobs satis-
fying the requirement of such paragraph were
created, the number of those jobs shall be sub-
tracted from the number of jobs otherwise need-
ed to satisfy the requirement of this clause; and
‘‘(iii) considering all such enterprises together,
on the date on which the determination is made,
the eligible alien is in substantial compliance
with the capital investment requirement de-
scribed in section 216A(d)(1)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186b(d)(1)(B)),
except that—
‘‘(I) this clause shall apply only if the Attor-
ney General made an adverse determination
with respect to the eligible alien under para-
graph (1)(A)(iii); and
‘‘(II) if the Attorney General determined
under paragraph (1)(A)(iii) that any capital
amount was invested that could be credited to-
wards compliance with the capital investment
requirement described in section 216A(d)(1)(B)
of the Immigration and Nationality Act (8
U.S.C. 1186b(d)(1)(B)), such amount shall be sub-
tracted from the amount of capital otherwise
needed to satisfy the requirement of this clause.
‘‘(F) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE
DETERMINATION.—If the Attorney General renders
an affirmative determination with respect to
clauses (ii) and (iii) of subparagraph (E), and if the
Attorney General renders a negative determination
with respect to clause (i) of such subparagraph, the
Attorney General shall so notify the alien involved
and shall remove the conditional basis of the alien’s
status (and that of the alien’s spouse and children
if it was obtained under section 216A of the Immi-
gration and Nationality Act (8 U.S.C. 1186b)) effec-
tive as of the second anniversary of the continu-
ation, under paragraph (1)(F)(ii), of the conditional
basis of the alien’s lawful admission for permanent
residence.
‘‘(G) REQUIREMENTS RELATING TO ADVERSE DETER-
MINATIONS.—
‘‘(i) NOTICE.—If the Attorney General renders an
adverse determination under subparagraph (E),
the Attorney General shall so notify the alien in-
volved. The notice shall be in writing and shall
state the factual basis for any adverse determina-
tion. The Attorney General shall provide the
alien with an opportunity to submit evidence to
rebut any adverse determination. If the Attorney
General reverses all adverse determinations pur-
suant to such rebuttal, the Attorney General
shall so notify the alien involved and shall re-
move the conditional basis of the alien’s status
(and that of the alien’s spouse and children if it
was obtained under section 216A of the Immigra-
tion and Nationality Act (8 U.S.C. 1186b)) effec-
tive as of the second anniversary of the continu-
ation, under paragraph (1)(F)(ii), of the condi-
tional basis of the alien’s lawful admission for
permanent residence.
‘‘(ii) TERMINATION IF ADVERSE DETERMINATION.—
If the eligible alien’s rebuttal does not cause the
Attorney General to reverse each adverse deter-
mination under subparagraph (E), the Attorney
General shall so notify the alien involved and,
subject to subsection (d), shall terminate the per-
manent resident status of the alien (and that of
the alien’s spouse and children if it was obtained
on a conditional basis under section 216A of the
Immigration and Nationality Act (8 U.S.C.
1186b)).
‘‘(d) HEARING
IN REMOVAL PROCEEDING.—Any alien
whose permanent resident status is terminated under
paragraph (1)(F)(iii) or (2)(G)(ii) of subsection (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.
‘‘(e) CLARIFICATION WITH RESPECT TO CHILDREN.—In
the case of an alien who obtained the status of an alien
lawfully admitted for permanent residence on a condi-
tional basis before the date of the enactment of this
Act [Nov. 2, 2002] by virtue of being the child of an eli-
gible alien described in subsection (b)(1), the alien shall
be considered to be a child for purposes of this section
regardless of any change in age or marital status after
obtaining such status.
‘‘(f) DEFINITION OF FULL-TIME.—For purposes of this
section, the term ‘full-time’ means a position that re-
quires at least 35 hours of service per week at any time,
regardless of who fills the position.
Page 255
TITLE 8—ALIENS AND NATIONALITY
§ 1187
‘‘SEC. 11032. CONDITIONAL PERMANENT RESIDENT
STATUS
FOR
CERTAIN
ALIEN
ENTRE-
PRENEURS, SPOUSES, AND CHILDREN.
‘‘(a) IN GENERAL.—With respect to each eligible alien
described in subsection (b), the Attorney General or the
Secretary of State shall approve the application de-
scribed in subsection (b)(2) and grant the alien (and any
spouse or child of the alien, if the spouse or child is eli-
gible to receive a visa under section 203(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1153(d))) the sta-
tus of an alien lawfully admitted for permanent resi-
dence on a conditional basis under section 216A of such
Act (8 U.S.C. 1186b). Such application shall be approved
not later than 180 days after the date of the enactment
of this Act [Nov. 2, 2002].
‘‘(b) ELIGIBLE ALIENS DESCRIBED.—An alien is an eli-
gible alien described in this subsection if the alien—
‘‘(1) filed, under section 204(a)(1)(H) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or
any predecessor provision), a petition to accord the
alien a status under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)) that was approved by the Attorney
General after January 1, 1995, and before August 31,
1998;
‘‘(2) pursuant to such approval, timely filed before
the date of the enactment of this Act [Nov. 2, 2002] an
application for adjustment of status under section 245
of such Act (8 U.S.C. 1255) or an application for an im-
migrant visa under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)); and
‘‘(3) is not inadmissible or deportable on any
ground.
‘‘(c) TREATMENT OF CERTAIN APPLICATIONS.—
‘‘(1) REVOCATION OF APPROVAL OF PETITIONS.—If the
Attorney General revoked the approval of a petition
described in subsection (b)(1), such revocation shall
be disregarded for purposes of this section if it was
based on a determination that the alien failed to sat-
isfy section 203(b)(5)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)).
‘‘(2) APPLICATIONS NO LONGER PENDING.—
‘‘(A) IN GENERAL.—If an application described in
subsection (b)(2) is not pending on the date of the
enactment of this Act [Nov. 2, 2002], the Attorney
General shall disregard the circumstances leading
to such lack of pendency and treat it as reopened,
if such lack of pendency is due to a determination
that the alien—
‘‘(i) failed to satisfy section 203(b)(5)(A)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)(A)(ii)); or
‘‘(ii) departed the United States without ad-
vance parole.
‘‘(B) APPLICANTS ABROAD.—In the case of an eligi-
ble alien who filed an application for adjustment of
status described in subsection (b)(2), but who is no
longer physically present in the United States, the
Attorney General shall establish a process under
which the alien may be paroled into the United
States if necessary in order to obtain adjustment of
status under this section.
‘‘(d) RECORDATION OF DATE; REDUCTION OF NUMBERS.—
Upon the approval of an application under subsection
(a), the Attorney General shall record the alien’s lawful
admission for permanent residence on a conditional
basis as of the date of such approval and the Secretary
of State shall reduce by one the number of visas au-
thorized to be issued under sections 201(d) and 203(b)(5)
of the Immigration and Nationality Act (8 U.S.C.
1151(d) and 1153(b)(5)) for the fiscal year then current.
‘‘(e) REMOVAL OF CONDITIONAL BASIS.—
‘‘(1) PETITION.—In order for a conditional basis es-
tablished under this section for an alien (and the
alien’s spouse and children) to be removed, the alien
must satisfy the requirements of section 216A(c)(1) of
the Immigration and Nationality Act (8 U.S.C.
1186b(c)(1)), including the submission of a petition in
accordance with subparagraph (A) of such section.
Such petition may include the facts and information
described in subparagraphs (A) and (B) of section
216A(d)(1) of the Immigration and Nationality Act (8
U.S.C. 1186b(d)(1)) with respect to any commercial en-
terprise (regardless of whether such enterprise is a
limited partnership and regardless of whether the
alien entered the enterprise after its formation) in
the United States in which the alien has made a cap-
ital investment at any time.
‘‘(2)
DETERMINATION.—In
carrying
out
section
216A(c)(3) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)) with respect to an alien described
in paragraph (1), the Attorney General, in lieu of the
determination described in such section 216A(c)(3),
shall make a determination, within 90 days of the
date of such filing, whether—
‘‘(A) the petition described in paragraph (1) con-
tains any material misrepresentation in the facts
and information alleged in the petition with respect
to the commercial enterprises included in the peti-
tion;
‘‘(B) subject to subparagraphs (B) and (C) of sec-
tion 11031(c)(1), all such enterprises, considered to-
gether, created full-time jobs for not fewer than 10
United States citizens or aliens lawfully admitted
for permanent residence or other immigrants law-
fully authorized to be employed in the United
States (other than the alien and the alien’s spouse,
sons, or daughters), and those jobs exist or existed
on either of the dates described in paragraph (3);
and
‘‘(C) considering the alien’s investments in such
enterprises on either of the dates described in para-
graph (3), or on both such dates, the alien is or was
in substantial compliance with the capital invest-
ment requirement described in section 216A(d)(1)(B)
of the Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)(B)).
‘‘(3) DATES.—The dates described in this paragraph
are the following:
‘‘(A) The date on which the application described
in subsection (b)(2) was filed.
‘‘(B) The date on which the determination under
paragraph (2) is made.
‘‘(f) CLARIFICATION WITH RESPECT
TO CHILDREN.—In
the case of an alien who was a child on the date on
which the application described in subsection (b)(2) was
filed, the alien shall be considered to be a child for pur-
poses of this section regardless of any change in age or
marital status after such date.
‘‘SEC. 11033. REGULATIONS.
‘‘The Immigration and Naturalization Service shall
promulgate regulations to implement this chapter
[chapter 1 (§§ 11031–11034) of subtitle B of title I of div.
C of Pub. L. 107–273, enacting this note] not later than
120 days after the date of enactment of this Act [Nov.
2, 2002]. Until such regulations are promulgated, the
Attorney General shall not deny a petition filed or
pending under section 216A(c)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that re-
lates to an eligible alien described in section 11031, or
on an application filed or pending under section 245 of
such Act (8 U.S.C. 1255) that relates to an eligible alien
described in section 11032. Until such regulations are
promulgated, the Attorney General shall not initiate or
proceed with removal proceedings under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a)
that relate to an eligible alien described in section
11031 or 11032.
‘‘SEC. 11034. DEFINITIONS.
‘‘Except as otherwise provided, the terms used in this
chapter shall have the meaning given such terms in
section 101(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(b)).’’
§ 1187. Visa waiver program for certain visitors
(a) Establishment of program
The Secretary of Homeland Security and the
Secretary of State are authorized to establish a
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference allocation for family-sponsored immigrants** Aliens subject to the worldwide level specified in [section 1151(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/c&num=0&edition=prelim) for family-sponsored immigrants shall be allotted visas as follows:
(1) **Unmarried sons and daughters of citizens** — Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) **Spouses and unmarried sons and unmarried daughters of permanent resident aliens** — Qualified immigrants—
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) **Married sons and married daughters of citizens** — Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) **Brothers and sisters of citizens** — Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, pl
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1153. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1153. Allocation of immigrant visas
(a) Preference allocation for family-sponsored
immigrants
Aliens subject to the worldwide level specified
in section 1151(c) of this title for family-spon-
sored immigrants shall be allotted visas as fol-
lows:
(1) Unmarried sons and daughters of citizens
Qualified immigrants who are the unmarried
sons or daughters of citizens of the United
States shall be allocated visas in a number not
to exceed 23,400, plus any visas not required for
the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmar-
ried
daughters
of
permanent
resident
aliens
Qualified immigrants—
(A) who are the spouses or children of an
alien lawfully admitted for permanent resi-
dence, or
(B) who are the unmarried sons or unmar-
ried daughters (but are not the children) of
an alien lawfully admitted for permanent
residence,
shall be allocated visas in a number not to ex-
ceed 114,200, plus the number (if any) by which
such worldwide level exceeds 226,000, plus any
visas not required for the class specified in
paragraph (1); except that not less than 77 per-
cent of such visa numbers shall be allocated to
aliens described in subparagraph (A).
(3) Married sons and married daughters of citi-
zens
Qualified immigrants who are the married
sons or married daughters of citizens of the
United States shall be allocated visas in a
number not to exceed 23,400, plus any visas not
required for the classes specified in paragraphs
(1) and (2).
(4) Brothers and sisters of citizens
Qualified immigrants who are the brothers
or sisters of citizens of the United States, if
such citizens are at least 21 years of age, shall
be allocated visas in a number not to exceed
65,000, plus any visas not required for the
classes specified
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1153. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitioning procedure**
(1)
(A)
(i) Except as provided in clause (viii), any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim) or to an immediate relative status under [section 1151(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/b/2/A/i&num=0&edition=prelim) may file a petition with the Attorney General for such classification.
(ii) An alien spouse described in the second sentence of [section 1151(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/b/2/A/i&num=0&edition=prelim) also may file a petition with the Attorney General under this subparagraph for classification of the alien (and the alien’s children) under such section.
(iii)
(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that—
(aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this subclause is an alien—
(aa)
(AA) who is the spouse of a citizen of the United St
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1154. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1154. Procedure for granting immigrant status
(a) Petitioning procedure
(1)(A)(i) Except as provided in clause (viii),
any citizen of the United States claiming that
an alien is entitled to classification by reason of
a relationship described in paragraph (1), (3), or
(4) of section 1153(a) of this title or to an imme-
diate
relative
status
under
section
1151(b)(2)(A)(i) of this title may file a petition
with the Attorney General for such classifica-
tion.
(ii) An alien spouse described in the second
sentence of section 1151(b)(2)(A)(i) of this title
also may file a petition with the Attorney Gen-
eral under this subparagraph for classification
of the alien (and the alien’s children) under such
section.
(iii)(I) An alien who is described in subclause
(II) may file a petition with the Attorney Gen-
eral under this clause for classification of the
alien (and any child of the alien) if the alien
demonstrates to the Attorney General that—
(aa) the marriage or the intent to marry the
United States citizen was entered into in good
faith by the alien; and
(bb) during the marriage or relationship in-
tended by the alien to be legally a marriage,
the alien or a child of the alien has been bat-
tered or has been the subject of extreme cru-
elty perpetrated by the alien’s spouse or in-
tended spouse.
(II) For purposes of subclause (I), an alien de-
scribed in this subclause is an alien—
(aa)(AA) who is the spouse of a citizen of the
United States;
(BB) who believed that he or she had mar-
ried a citizen of the United States and with
whom a marriage ceremony was actually per-
formed and who otherwise meets any applica-
ble requirements under this chapter to estab-
lish the existence of and bona fides of a mar-
riage, but whose marriage is not legitima
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1154. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Conditional basis for status** — An alien investor, alien spouse, and alien child shall be considered, at the time of obtaining status as 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 investor, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such an investor, 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 Secretary of Homeland Security shall attempt to provide notice to such an investor, 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 Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an investor, spouse, or child.
**(b) Termination of status if finding that qualifying investment improper**
(1) **In general** — In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that—
(A) the investment in the commercial enterprise was intended solely as a means of evading the immigration laws o