130
(1) the application is made in good faith; and
(2) the alien’s departure is not contrary to the interests of the
United States.
(c) PERIOD OF VALIDITY.—A reentry permit may be issued for not more
than 2 years from the date it is issued and may not be renewed. The alien
may use the permit for any number of reentries into the United States. The
alien shall surrender the permit to the Attorney General when the permit
expires.
(d) PRESENTATION
OF REENTRY PERMIT
ON RETURNING
TO
THE
UNITED STATES.—An alien issued a reentry permit shall present the permit
to the immigration officer at the port of entry on returning to the United
States. The immigration officer shall accept the permit as a substitute for
any visa otherwise required under this title. The permit has no effect under
the immigration laws except to establish that the alien is returning from a
temporary departure. However, this section does not require a reentry per-
mit as the only way that an alien may establish a return from a temporary
departure.
(e) FORM OF APPLICATIONS AND PERMITS.—The Attorney General shall
prescribe by regulation the form of the application and reentry permit, ex-
cept that the permit shall be in a form to identify the alien completely and
shall be printed on distinctive safety paper.
§ 4317. Burden of proof
An individual applying for an immigrant visa or other documentation re-
quired for entering the United States as an immigrant has the burden of
proving that the individual is eligible to be issued the visa or documentation.
A consular officer may issue the visa or documentation only if satisfied that
the individual is eligible to receive the visa or documentation.
§ 4318. Documentation waivers
The Attorney General may waive sections 4311(a)(1) and 6313(a)(2) and
(c) of this title for an immigrant who has an immigrant visa and otherwise
is admissible if the Attorney General is satisfied that the immigrant did not
know, and by reasonable diligence could not have known, of the immigrant’s
excludability—
(1) before the vessel or aircraft on which the alien came to the
United States left the last port outside the United States and outside
foreign contiguous territory; or
(2) for an immigrant coming from foreign contiguous territory, be-
fore the immigrant applied for admission.
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CHAPTER 45—CONDITIONAL PERMANENT RESIDENT
STATUS
SUBCHAPTER I—CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS
Sec.
4501.
Definitions.
4502.
Conditional basis of status.
4503.
General requirements to remove conditional basis.
4504.
Petitions.
4505.
Personal interviews.
4506.
Favorable decisions on removing the conditional basis.
4507.
Unfavorable decisions on removing the conditional basis.
4508.
Treatment of conditional basis period for naturalization purposes.
4509.
Ending waivers.
SUBCHAPTER II—CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN
4521.
Definitions.
4522.
Conditional basis of status.
4523.
General requirements to remove conditional basis.
4524.
Petitions.
4525.
Personal interviews.
4526.
Favorable decisions on removing the conditional basis.
4527.
Unfavorable decisions on removing the conditional basis.
4528.
Treatment of conditional basis period for naturalization purposes.
SUBCHAPTER I—CERTAIN ALIEN SPOUSES, SONS, AND
DAUGHTERS
§ 4501. Definitions
In this subchapter—
(1) ‘‘alien son or daughter’’ means an alien who acquires the status
of an alien lawfully admitted for permanent residence because the alien
is the son or daughter of an individual through a qualifying marriage.
(2) ‘‘alien spouse’’—
(A) means an alien who, because of a qualifying marriage, ac-
quires the status of an alien lawfully admitted for permanent resi-
dence—
(i) as an immediate relative as the spouse of a citizen of
the United States;
(ii) under section 2309(a) of this title as the fiancee or fi-
ance of a citizen of the United States; or
(iii) under section 4103(c) of this title as the spouse of an
alien lawfully admitted for permanent residence; but
(B) does not include an alien who acquires the status of an
alien lawfully admitted for permanent residence because of section
4107 of this title.
(3) ‘‘petitioning spouse’’ means the spouse of a qualifying marriage,
except the alien.
(4) ‘‘qualifying marriage’’ means a marriage entered into less than
24 months before the date an alien spouse acquires the status of an