Announcement

Collapse
No announcement yet.

I-751 Removal of conditions/Termination of status

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • I-751 Removal of conditions/Termination of status

    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.

  • #2
    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.

    Comment

    Sorry, you are not authorized to view this page

    Home Page

    Immigration Daily

    Archives

    Processing times

    Immigration forms

    Discussion board

    Resources

    Blogs

    Twitter feed

    Immigrant Nation

    Attorney2Attorney

    CLE Workshops

    Immigration books

    Advertise on ILW

    EB-5

    移民日报

    About ILW.COM

    Connect to us

    Questions/Comments

    SUBSCRIBE

    Immigration Daily



    Working...
    X