Page:United States Statutes at Large Volume 100 Part 5.djvu/66

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3540

PUBLIC LAW 99-639—NOV. 10, 1986

8 USC ii54;/)osf, P- 3542.

"(I) was entered into in accordance with the laws of the place where the marriage took place, "(II) has not been judicially annulled or terminated, other than through the death of a spouse, and "(III) was not entered into for the purpose of procuring an alien's entry as an immigrant; and "(ii) no 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) or 214(d) with respect to the alien spouse or alien son or daughter. "(B)





information is a statement of— "(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a), and "(ii) the place of emplo5maent (if any) of each such party since such date, and the name of the employer of such party. "(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) F I U N G OF PETITIONS DURING DEPORTATION.—In


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.—

8 USC 1401.

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) TREATMENT OF CERTAIN WAIVERS.—In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver