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alien lawfully admitted for permanent residence because of the mar-
riage.
§ 4502. Conditional basis of status
(a) GENERAL.—An alien spouse or an alien son or daughter, when ac-
quiring the status of an alien lawfully admitted for permanent residence, ac-
quires that status on a conditional basis as provided in this subchapter.
(b) NOTICE REQUIREMENTS.—When an alien spouse or alien son or
daughter acquires the status of an alien lawfully admitted for permanent
residence on a conditional basis under subsection (a) of this section, the At-
torney General shall notify the spouse, son, or daughter about this sub-
chapter and the requirements of section 4503 of this title to have the condi-
tional basis of the status removed. However, the failure of the Attorney
General to provide notice does not affect the enforcement of this subchapter
against the spouse, son, or daughter.
§ 4503. General requirements to remove conditional basis
To remove the conditional basis established under section 4502(a) of this
title, the alien spouse and the petitioning spouse (if living)—
(1) jointly must submit to the Attorney General a petition requesting
the removal of the conditional basis and containing, under penalty of
perjury, the information required by section 4504(b) of this title; and
(2) must appear before the Attorney General for a personal interview
about the information required by section 4504(b).
§ 4504. Petitions
(a) TIME FOR SUBMISSION.—(1) Except as provided in paragraph (2) of
this subsection, the petition required by section 4503(1) of this title must
be submitted during the 90-day period immediately before the 2d anniver-
sary that the alien acquired the status of an alien lawfully admitted for per-
manent residence.
(2) A petition submitted after the 90-day period may be considered only
if the alien satisfies the Attorney General that good cause and extenuating
circumstances existed for not submitting the petition during that period.
(3) The Attorney General may stay a deportation proceeding against an
alien who did not submit a petition within the 90-day period required under
paragraph (1) of this subsection pending the submission of the petition
under paragraph (2) of this subsection.
(4) At or about the beginning of the 90-day period, the Attorney General
shall try to notify the alien spouse or alien son or daughter of the require-
ments of section 4503 of this title. However, the failure of the Attorney
General to provide notice does not affect the enforcement of this subchapter
against the spouse, son, or daughter.
(b) CONTENTS.—Each petition shall contain the following information:
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(1) that the qualifying marriage—
(A) complied with the laws of the place where the marriage took
place;
(B) has not been annulled judicially or ended, except through
the death of a spouse; and
(C) was not entered into to procure the entry of an alien as an
immigrant.
(2) that no consideration was given, except to an attorney for assist-
ance in preparing the petition, for filing under section 2309(b) or
4301(a) or (b) of this title a petition for an alien spouse or an alien
son or daughter.
(3) the actual residence of each party to the qualifying marriage
since the date the alien spouse acquired the status of an alien lawfully
admitted for permanent residence on a conditional basis under section
4502(a) of this title.
(4) each employer and place of employment of each party since that
date.
§ 4505. Personal interviews
(a) TIME AND LOCATION REQUIREMENTS.—(1) The personal interview
required by section 4503(2) of this title shall be conducted—
(A) within 90 days after the date a petition is submitted as required
by section 4503(1) of this title; and
(B) at a local office of the Immigration and Naturalization Service
the Attorney General designates that is convenient to the parties in-
volved.
(2) The Attorney General may waive the interview or the deadline for the
interview when appropriate.
(b) DECISIONS ON TRUTHFULNESS OF STATEMENTS.—Within 90 days
after an interview is conducted as required by section 4503(2) of this title,
the Attorney General shall decide whether the information in the petition
and required by section 4504(b) of this title about the qualifying marriage
is true.
§ 4506. Favorable decisions on removing the conditional
basis
(a) FAVORABLE DECISIONS.—If the Attorney General decides the infor-
mation required by section 4504(b) of this title is true, the Attorney Gen-
eral shall notify the parties involved and shall remove the conditional basis
of the status of the parties effective on the 2d anniversary that the alien
acquired the status of an alien lawfully admitted for permanent residence.
(b) HARDSHIP WAIVERS.—(1) The Attorney General may remove the
conditional basis of an alien spouse or alien son or daughter when the alien
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spouse does not comply with section 4503 of this title if the alien spouse
or alien son or daughter shows that—
(A) extreme hardship would result if the alien spouse or alien son
or daughter is deported;
(B) the qualifying marriage was entered into in good faith by the
alien spouse, but the marriage has been ended (except through the
death of the spouse), and the alien spouse was not at fault in not com-
plying with section 4503 of this title; or
(C) the qualifying marriage was entered into in good faith by the
alien spouse and during the marriage the alien spouse or alien son or
daughter was battered by, or was the subject of extreme cruelty com-
mitted by, the spouse of the alien spouse or the citizen or permanent
resident parent of the alien son or daughter, and the alien spouse was
not at fault in not complying with section 4503 of this title.
(2) When deciding whether extreme hardship would result, the Attorney
General shall consider circumstances occurring only during the period the
alien was lawfully admitted for permanent residence on a conditional basis.
(3) When acting on a petition under this subsection, the Attorney General
shall consider any credible evidence relevant to the petition. Only the Attor-
ney General may decide what evidence is credible and the weight to be given
that evidence.
(4) The Attorney General shall establish by regulation ways to protect the
confidentiality of information about an abused alien spouse or alien son or
daughter, including information on the location of the spouse, son, or
daughter.
§ 4507. Unfavorable decisions on removing the conditional
basis
(a) IMPROPER QUALIFYING MARRIAGES.—The Attorney General shall
end, as of the date the Attorney General makes a decision under this sub-
section, the status of an alien spouse or alien son or daughter as an alien
lawfully admitted for permanent residence and shall so notify the parties in-
volved if, before the 2d anniversary of the date the alien acquired the status,
the Attorney General decides that—
(1) the qualifying marriage—
(A) was entered into to procure an alien’s entry as an immi-
grant; or
(B) has been annulled judicially or ended, except through the
death of a spouse; or
(2) consideration was given, except to an attorney for assistance in
preparing the petition, for filing a petition for the alien under section
2309(b) or 4301 (a) or (b) of this title.
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(b) UNTRUE PETITION INFORMATION.—If the Attorney General decides
any information required by section 4504(b) of this title is not true, the At-
torney General shall end, as of the date of the decision, the status of an
alien spouse or alien son or daughter as an alien lawfully admitted for per-
manent residence and notify the parties involved.
(c) FAILURE TO FILE PETITIONS OR HAVE PERSONAL INTERVIEWS.—
The Attorney General shall end, as of the 2d anniversary of the alien’s law-
ful admission for permanent residence, the status of an alien spouse or alien
son or daughter as an alien lawfully admitted for permanent residence if—
(1) a petition is not submitted as required by section 4503(1) of this
title; or
(2) unless good cause is shown, the alien spouse and petitioning
spouse do not appear at the interview required by section 4503(2) of
this title.
(d) REVIEW OF DECISIONS.—(1) An alien whose permanent resident sta-
tus is ended under subsection (a) or (b) of this section may request a review
of the decision in a deportation proceeding. The burden of proof is on the
Attorney General to establish by a preponderance of the evidence that—
(A) if ended under subsection (a) of this section, a ground described
in subsection (a) is met; or
(B) if ended under subsection (b) of this section, any information re-
quired by section 4504(b) of this title about the qualifying marriage
is not true.
(2) An alien whose permanent resident status is ended under subsection
(c) of this section has the burden of proof in a deportation proceeding of
establishing compliance with section 4503 of this title.
§ 4508. Treatment of conditional basis period for naturaliza-
tion purposes
In carrying out subtitle V of this title, an alien who is in the United
States as an alien lawfully admitted for permanent residence on a condi-
tional basis under this subchapter is deemed to have been admitted and to
be in the United States as an alien lawfully admitted for permanent resi-
dence.
§ 4509. Ending waivers
A waiver under section 6301(b) or 6307(b) of this title obtained by an
alien to acquire the status of an alien lawfully admitted for permanent resi-
dence on a conditional basis under this subchapter ends when the status
ends under this subchapter.