8 USCS § 1186a (2004)

§ 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters


(b) Termination of status if finding that qualifying marriage improper.
(1) In general. In the case of an alien 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 qualifying marriage--
(i) was entered into for the purpose of procuring an alien's admission 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 under section 204(a) [8 USCS § 1154(a)] or subsection (d) or (p) of section 214 [8 USCS § 1184] with respect to the alien;
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 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.