Sec. 5. Conditional permanent resident status
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Notwithstanding any other provision of law, and except as provided in section 6, an alien whose status has been adjusted under section 4 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section. Such conditional permanent resident status shall be valid for a period of 8 years, subject to termination under subsection (b). At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection
(c)to have the conditional basis of such status removed. The failure of the Secretary of Homeland Security to provide a notice under this paragraph— shall not affect the enforcement of the provisions of this Act with respect to the alien; and shall not give rise to any private right of action by the alien. The Secretary of Homeland Security shall terminate the conditional permanent resident status of any alien who obtained such status under this Act, if the Secretary determines that the alien has since engaged in conduct that renders the alien deportable under section 237(a) of the Immigration and Nationality Act. Any alien whose conditional permanent resident status is terminated under paragraph
(1)shall revert to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act. Any alien whose conditional permanent resident status is terminated under paragraph
(1)may request review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph
(1)is met. In order for the conditional basis of permanent resident status obtained by an alien under subsection
(a)to be removed, the alien must file with the Secretary of Homeland Security, in accordance with paragraph
(3)of this subsection, a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (2)(A) of this subsection. If a petition is filed for an alien in accordance with paragraph
(1)of this subsection, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in subparagraphs
(A)through
(C)of subsection (d)(1). If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien. If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional permanent resident status of the alien. An alien whose conditional permanent resident status is terminated under subparagraph
(C)may request review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the alien has not met the requirements of subparagraph (A). Except as provided in subsection (d)(3), an alien may petition to remove the conditional basis to lawful resident status beginning six months before the date on which the alien is expected to satisfy the requirement of subsection (d)(1)(C). The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending. Each petition for an alien under subsection (c)(1) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met: The alien has complied with section 4(a)(1)(B) throughout the period of conditional permanent resident status. The alien has not abandoned the alien’s residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that alien has not abandoned the alien’s residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien’s residence in the United States during the period of such service. The alien has maintained the conditional permanent resident status for at least 3 years. Any period of time in which the alien was granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy established in the June 15, 2012, memorandum from the Secretary of Homeland Security, titled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, shall count toward the 3-year period described in paragraph (1)(C). For purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq.), in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be present in the United States as an alien lawfully admitted to the United States for permanent residence. The alien may not apply for naturalization until the conditional basis for permanent residency has been removed, except for naturalization pursuant to sections 328 and 329 of the Immigration and Nationality Act ( 8 U.S.C. 1439 and 1440). The Secretary of Homeland Security, in coordination with other departments and agencies as appropriate, shall conduct new background checks on all aliens filing petitions under this subsection.
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