Page:United States Statutes at Large Volume 116 Part 3.djvu/252

 116 STAT. 1844 PUBLIC LAW 107-273—NOV. 2, 2002 8 USC 1186b note. or (2)(G)(ii) of subsection (c) may request a review of such determination in a proceeding to remove the aHen. In such proceeding, the burden of proof shall be on the Attorney General. (e) CLARIFICATION WITH RESPECT TO CHILDREN. —In the case of an alien who obtained the status of an alien lawfully admitted for permanent residence on a conditional basis before the date of the enactment of this Act by virtue of being the child of an eligible alien described in subsection (b)(1), the alien shall be considered to be a child for purposes of this section regardless of any change in age or marital status after obtaining such status. (f) DEFINITION OF FULL-TIME.— For purposes of this section, the term "full-time" means a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CER- TAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN. (a) IN GENERAL. —With respect to each eligible alien described in subsection (b), the Attorney General or the Secretary of State shall approve the application described in subsection (b)(2) and grant the alien (and any spouse or child of the alien, if the spouse or child is eligible to receive a visa under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))) the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216A of such Act (8 U.S.C. 1186b). Such application shall be approved not later than 180 days after the date of the enactment of this Act. (b) ELIGIBLE ALIENS DESCRIBED.— An alien is an eligible alien described in this subsection if the alien— (1) filed, under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision), a petition to accord the alien a status under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was approved by the Attorney General after January 1, 1995, and before August 31, 1998; (2) pursuant to such approval, timely filed before the date of the enactment of this Act an application for adjustment of status under section 245 of such Act (8 U.S.C. 1255) or an application for an immigrant visa under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)); and (3) is not inadmissible or deportable on any ground. (c) TREATMENT OF CERTAIN APPLICATIONS.— (1) REVOCATION OF APPROVAL OF PETITIONS.— If the Attorney General revoked the approval of a petition described in subsection (b)(1), such revocation shall be disregarded for purposes of this section if it was based on a determination that the alien failed to satisfy section 203(b)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)). (2) APPLICATIONS NO LONGER PENDING.— (A) IN GENERAL.—I f an application described in subsection (b)(2) is not pending on the date of the enactment of this Act, the Attorney General shall disregard the circumstances leading to such lack of pendency and treat it as reopened, if such lack of pendency is due to a determination that the alien—

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