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United States Code (Last Updated: May 24, 2014) |
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Title 8. ALIENS AND NATIONALITY |
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Chapter 12. IMMIGRATION AND NATIONALITY |
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SubChapter II. IMMIGRATION |
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Part II. Admission Qualifications for Aliens; Travel Control of Citizens and Aliens |
§ 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters
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(a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (h)(1)) and an alien son or daughter (as defined in subsection (h)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
(2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.
(B) At time of required petition In addition, the Secretary of Homeland Security shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections of section 1184 of this title with respect to the alien spouse or alien son or daughter.
(B) Statement of additional information The 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 employment (if any) of each such party since such date, and the name of the employer of such party. (2) Period for filing petition (A) 90-day period before second anniversary Except as provided in subparagraph (B), the petition under subsection (c)(1)(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 Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
(C) Filing of petitions during removal In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary of Homeland Security, in the Secretary’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 subchapter 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 under subsection (h) or (i) of section 1182 of this title of certain grounds of inadmissibility, such waiver terminates upon the termination of such permanent residence status under this section.
(g) Service in Armed Forces (1) Filing petition The 90-day period described in subsection (d)(2)(A) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period.
(2) Personal interview The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretary’s authority under the second sentence of subsection (d)(3).
(h) Definitions In this section: (1) The term “alien spouse” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)— (A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States, (B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or (C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title. (2) The term “alien son or daughter” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage. (3) The term “qualifying marriage” means the marriage described to in paragraph (1). (4) The term “petitioning spouse” means the spouse of a qualifying marriage, other than the alien.
References In Text
This chapter, referred to in subsec. (a)(1), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Subsection (p) of section 1184 of this title, referred to in subsec. (d)(1)(A)(ii), was redesignated subsec. (r) of section 1184 by Pub. L. 108–193, § 8(a)(3),
Codification
Another section 216 of act
Amendments
2013—Subsec. (c)(4). Pub. L. 113–4, § 806(b)(2), which, in concluding provisions, directed the substitution of “Secretary of Homeland Security” for “Attorney General” in the first sentence and “Secretary” for “Attorney General” in the second to fourth sentences, could not be executed because of the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below.
Pub. L. 113–4, § 806(b)(1), which directed the substitution of “The Secretary of Homeland Security, in the Secretary’s” for “The Attorney General, in the Attorney General’s” in introductory provisions, was executed by making the substitution for “The Secretary of Homeland Security, in the Attorney General’s”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below.
Subsec. (c)(4)(D). Pub. L. 113–4, § 806(a), added subpar. (D).
2011—Pub. L. 112–58, § 1(b)(2)(B), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing except in subsec. (g)(2).
Subsec. (a)(1). Pub. L. 112–58, § 1(b)(1), substituted “(h)(1))” for “(g)(1))” and “(h)(2))” for “(g)(2))”.
Subsec. (c)(1)(B). Pub. L. 112–58, § 1(b)(2)(C), substituted “Department of Homeland Security” for “Service”.
Subsec. (d)(3). Pub. L. 112–58, § 1(b)(2)(A), (C), substituted “Department of Homeland Security” for “Service” and “Secretary’s” for “Attorney General’s”.
Subsecs. (g), (h). Pub. L. 112–58, § 1(a), added subsec. (g) and redesignated former subsec. (g) as (h).
2000—Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106–553 substituted “section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title” for “section 1154(a) or 1184(d) of this title”.
1996—Subsec. (b)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(I), substituted “admission” for “entry”.
Subsec. (b)(2). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.
Subsec. (c)(2)(B). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and text.
Subsec. (c)(3)(D). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.
Subsec. (c)(4)(A). Pub. L. 104–208, § 308(e)(7), substituted “removed” for “deported”.
Subsec. (d)(1)(A)(i)(III). Pub. L. 104–208, § 308(f)(1)(J), substituted “admission” for “entry”.
Subsec. (d)(2)(C). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” wherever appearing in heading and text.
Subsec. (f). Pub. L. 104–208, § 308(d)(4)(E), substituted “inadmissibility” for “exclusion”.
1994—Subsec. (c)(4). Pub. L. 103–322 inserted after second sentence “In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”
1991—Subsec. (g)(1). Pub. L. 102–232 substituted “section 1153(d)” for “section 1153(a)(8)” in closing provisions.
1990—Subsec. (c)(4). Pub. L. 101–649 struck out “or” at end of subpar. (A), struck out “by the alien spouse for good cause” after “death of the spouse)” and substituted “, or” for period at end of subpar. (B), added subpar. (C), and inserted at end “The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.”
1988—Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of Pub. L. 99–639, § 2(a), which enacted this section.
Subsec. (c)(3)(A). Pub. L. 100–525, § 7(a)(2), substituted “90 days” for “90-days”.
Effective Date Of Amendment
Amendment by Pub. L. 106–553 effective
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Pub. L. 103–322, title IV, § 40702(b),
Pub. L. 102–232, title III, § 302(e)(8),
Pub. L. 101–649, title VII, § 701(b),
Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99–639, see section 7(d) of Pub. L. 100–525, set out as a note under section 1182 of this title.
Miscellaneous
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.