Page:United States Statutes at Large Volume 116 Part 3.djvu/251

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1843 respect to the eligible alien under paragraph (l)(A)(iii); and (II) if the Attorney General determined under paragraph (l)(A)(iii) that any capital amount was invested that could be credited towards compliance with the capital investment requirement described in section 216A(d)(l)(B) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(l)(B)), such amount shall be subtracted from the amount of capital otherwise needed to satisfy the requirement of this clause. (F) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION. —If the Attorney General renders an affirmative determination with respect to clauses (ii) and (iii) of subparagraph (E), and if the Attorney General renders a negative determination with respect to clause (i) of such subparagraph, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the alien's status (and that of the alien's spouse and children if it was obtained under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second anniversary of the continuation, under paragraph (l)(F)(ii), of the conditional basis of the alien's lawful admission for permanent residence. (G) REQUIREMENTS RELATING TO ADVERSE DETERMINA- TIONS. — (i) NOTICE. —I f the Attorney General renders an adverse determination under subparagraph (E), the Attorney General shall so notify the alien involved. The notice shall be in writing and shall state the factual basis for any adverse determination. The Attorney General shall provide the alien with an opportunity to submit evidence to rebut any adverse determination. If the Attorney General reverses all adverse determinations pursuant to such rebuttal, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the alien's status (and that of the alien's spouse and children if it was obtained under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second anniversary of the continuation, under paragraph (l)(F)(ii), of the conditional basis of the alien's lawful admission for permanent residence. (ii) TERMINATION IF ADVERSE DETERMINATION. —If the eligible alien's rebuttal does not cause the Attorney General to reverse each adverse determination under subparagraph (E), the Attorney General shall so notify the alien involved and, subject to subsection (d), shall terminate the permanent resident status of the alien (and that of the alien's spouse and children if it was obtained on a conditional basis under section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)). (d) HEARING IN REMOVAL PROCEEDING. — Any alien whose permanent resident status is terminated under paragraph (l)(F)(iii)

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