Page:United States Statutes at Large Volume 104 Part 6.djvu/602

 104 STAT. 4992 PUBLIC LAW 101-649—NOV. 29, 1990 "(1) IN GENERAL. — In order for the conditional basis established under subsection (a) for an alien entrepreneur, alien ' spouse, or alien child to be removed— "(A) the alien entrepreneur must submit to the Attorney . General, 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)(l), and "(B) in accordance with subsection (d)(3), the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1). "(2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAIL- URE TO FILE PETITION OR HAVE PERSONAL INTERVIEW.— "(A) IN GENERAL. — In the case of an alien with permanent resident status on a conditional beisis under subsection (a), if— "(i) no petition is filed with respect to the alien in / accordance with the provisions of paragraph (I)(A), or "(ii) unless there is good cause shown, the alien ^ entrepreneur fails to appear at the interview described in paragraph (I)(B) (if required under subsection (d)(3)), the Attorney General 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 DEPORTATION PROCEEDING. — In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (I)(A) and (I)(B). "(3) DETERMINATION AFTER PETITION AND INTERVIEW. — "(A) IN GENERAL. — If— "(i) a petition is filed in accordance with the provisions of paragraph (I)(A), and "(ii) the alien entrepreneur appears at any interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90 days of the date of the such filing or interview (whichever is later), as to whether the facts and information described in subsection (d)(l) and alleged in the petition are true with respect to the qualifying commercial enterprise. "(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETER- MINATION. — If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. " (C) TERMINATION IF ADVERSE DETERMINATION. — If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination.

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