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(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, the information re-
quired by section 4524(b) of this title about the qualifying commercial
enterprise is not true.
(2) An alien whose permanent residence status is ended under subsection
(c) of this section has the burden of proof in a deportation proceeding of
establishing compliance with section 4523 of this title.
§ 4528. 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.
CHAPTER 47—ALIENS BORN IN VIETNAM AND
FATHERED BY CITIZENS OF THE UNITED STATES
Sec.
4701.
Definitions and application.
4702.
Validity and denial of visas.
4703.
Admission.
4704.
Rights, privileges, status, and benefits.
4705.
Nonexclusive procedure for acquiring status.
§ 4701. Definitions and application
(a) DEFINITIONS.—In this chapter—
(1) ‘‘child’’ has the same meaning given that term in section
108(a)(1)–(5) of this title.
(2) ‘‘principal alien’’ means an alien born in Vietnam after January
1, 1962, and before January 1, 1976, and fathered by a citizen of the
United States.
(b) APPLICATION.—This chapter applies to an alien who resided in Viet-
nam on December 22, 1987, and who satisfies a consular officer or an offi-
cer of the Immigration and Naturalization Service after a face-to-face inter-
view that the alien is—
(1) a principal alien;
(2) the spouse or child of a principal alien and is accompanying or
following to join the principal alien; or
(3) accompanying or following to join a principal alien and—
(A) is the natural mother of the principal alien or the spouse
or child of the mother; or
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(B) has acted in effect as the principal alien’s mother, father,
or next-of-kin or is the spouse or child of the alien who has acted
in that capacity.
§ 4702. Validity and denial of visas
(a) VALIDITY.—An immigrant visa issued under this chapter is valid for
one year.
(b) DENIAL OF VISA.—An immigrant visa may not be issued to an alien
described in section 4701(b)(3) of this title unless the consular officer re-
ferred to in section 4701(b) of this title decides that the alien’s relationship
with the principal alien is similar to that which exists between close family
members and the admission of the alien is necessary for humanitarian pur-
poses or to ensure family unity.
§ 4703. Admission
(a) GENERAL.—Notwithstanding any numerical limitations specified in
chapter 41 of this title, the Attorney General may admit an alien described
in section 4701(b) of this title to the United States as an immigrant if the
alien—
(1) is admissible as an immigrant; and
(2) is issued an immigrant visa and leaves Vietnam after March 21,
1988.
(b) NONAPPLICATION AND WAIVER.—When deciding on an alien’s admis-
sibility as an immigrant under this chapter—
(1) sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not
apply; and
(2) the Attorney General, on the recommendation of a consular offi-
cer after an investigation by the consular officer, on an individual basis
may waive any other provision of subchapter I of chapter 63 of this
title (except sections 6307(a)(3), 6308(a)–(c), and 6309) in writing for
the alien for humanitarian purposes, to ensure family unity, or when
it is otherwise in the public interest.
§ 4704. Rights, privileges, status, and benefits
(a) RIGHTS, PRIVILEGES, AND STATUS.—The natural mother of the prin-
cipal alien may not acquire any right, privilege, or status under this title
because of that parentage after an alien described in section 4701(b)(3)(B)
of this title is admitted to the United States.
(b) ELIGIBILITY FOR BENEFITS.—(1) An alien admitted (or awaiting ad-
mission) to the United States under this chapter is eligible for benefits
under subchapter I of chapter 131 of this title to the same extent as an
individual admitted (or awaiting admisison) under section 5105 of this title.
(2) Paragraph (1) of this subsection applies to an individual who leaves
Vietnam after October 1, 1988, and—