§ 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 Secretary of Homeland Security 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 1154(a) of this title or subsection (d) or (p) of
section 1184 of this title with respect to the alien;
the Secretary of Homeland Security 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
(c)
Requirements of timely petition and interview for removal of condition
(1)
In general
In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed—
(A)
the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Secretary of Homeland Security, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1), and
(B)
in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1).
(2)
Termination of permanent resident status for failure to file petition or have personal interview
(A)
In general
In the case of an alien with permanent resident status on a conditional basis under subsection (a), if—
(i)
no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
(ii)
unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B),
the Secretary of Homeland Security shall terminate the permanent resident status of the alien as of the second anniversary of the alien’s lawful admission for permanent residence.
(B)
Hearing in removal proceeding
(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 Secretary of Homeland Security 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 determination
(C)
Termination if adverse determination
(D)
Hearing in removal proceeding
(4)
Hardship waiver
The Secretary of Homeland Security, in the Secretary’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 removed;
(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) and the alien was not at fault in failing to meet the requirements of paragraph (1); or
(C)
the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1); or
(D)
the alien meets the requirements under
section 1154(a)(1)(A)(iii)(II)(aa)(BB) of this title and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended spouse and was not at fault in failing to meet the requirements of paragraph (1).
In determining extreme hardship, the Secretary of Homeland Security shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Secretary of Homeland Security 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 Secretary of Homeland Security. The Secretary of Homeland Security 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.
(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)—
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.
([June 27, 1952, ch. 477], title II, ch. 2, § 216, as added [Pub. L. 99–639, § 2(a)], Nov. 10, 1986, [100 Stat. 3537]; amended [Pub. L. 100–525, § 7(a)], Oct. 24, 1988, [102 Stat. 2616]; [Pub. L. 101–649, title VII, § 701(a)], Nov. 29, 1990, [104 Stat. 5085]; [Pub. L. 102–232, title III, § 302(e)(8)(B)], Dec. 12, 1991, [105 Stat. 1746]; [Pub. L. 103–322, title IV, § 40702(a)], Sept. 13, 1994, [108 Stat. 1955]; [Pub. L. 104–208, div. C, title III, § 308(d)(4)(E)], (e)(7), (f)(1)(I), (J), Sept. 30, 1996, [110 Stat. 3009–618], 3009–620, 3009–621;