Page:United States Statutes at Large Volume 104 Part 6.djvu/603

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 4993 "(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 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 commercial enterprise. "(d) DETAILS OF PETITION AND INTERVIEW.— "(1) CONTENTS OP PETITION.— Each petition under subsection ( (c)(l)(A) shall contain facts £Uid information demonstrating that— "(A) a commercial enterprise was established by the alien; I "(B) the alien invested or was actively in the process 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. "(2) PERIOD FOR FiuNG PETITION.— "(A) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.—ExCept as provided in subparagraph (B), the petition under subsection (c)(l)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. "(B) DATE PETITIONS FOR GOOD CAUSE.— Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General '= good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). "(C) FlUNG OF PETITIONS DURING DEPORTATION.— In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B). "(3) PERSONAL INTERVIEW. —The interview under subsection (c)(l)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(l)(A) and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. "(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION.— For purposes of title 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 admitted 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 entrepreneur' means an alien who obtains the status of an alien lawfully admitted for permanent