Page:United States Statutes at Large Volume 100 Part 5.djvu/65

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-639—NOV. 10, 1986 Hfj-B

100 STAT. 3539

"(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 spouse and petitioning spouse appear at the interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90-days of the date of the interview, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying marriage. "(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETER-

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MINATION.—If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. "(C)

TERMINATION IF ADVERSE DETERMINATION.—If

the

Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination. "(D) HEARING IN DEPORTATION PROCEEDING.—Any alien ( = whose permanent resident status is terminated under subparagraph (C) 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 i. establish, 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 marriage. V "(4) HARDSHIP WAIVER.—The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that— "(A) extreme hardship would result if such alien is deported, or "(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) by the alien spouse for good cause and the gilien was ^ not at fault in failing to meet the requirements of paragraph (1). In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. "(d) DETAILS OF PETITION AND INTERVIEW.— "(1) CONTENTS OF PETITION.—Each petition

under subsection (c)(l)(A) shall contain the following facts and information: "(A) STATEMENT OF PROPER MARRIAGE AND PETITIONING

PROCESS.—The facts are that— "(i) the qualifying marriage—

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