§ 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.

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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 [ Nov. 2, 2002 ]. Eligible Aliens Described .— An alien is an eligible alien described in this subsection if the alien— 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 ; pursuant to such approval, timely filed before the date of the enactment of this Act [ Nov. 2, 2002 ] 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 is not inadmissible or deportable on any ground.

Treatment of Certain Applications.— 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) ). Applications no longer pending.— In general .— If an application described in subsection (b)(2) is not pending on the date of the enactment of this Act [ Nov. 2, 2002 ], 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— failed to satisfy section 203(b)(5)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A)(ii) ); or departed the United States without advance parole.

Applicants abroad .— In the case of an eligible alien who filed an application for adjustment of status described in subsection (b)(2), but who is no longer physically present in the United States, the Attorney General shall establish a process under which the alien may be paroled into the United States if necessary in order to obtain adjustment of status under this section. Recordation of Date; Reduction of Numbers .— Upon the approval of an application under subsection (a), the Attorney General shall record the alien’s lawful admission for permanent residence on a conditional basis as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) and 1153(b)(5)) for the fiscal year then current.

Removal of Conditional Basis.— Petition .— In order for a conditional basis established under this section for an alien (and the alien’s spouse and children) to be removed, the alien must satisfy the requirements of section 216A(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(1) ), including the submission of a petition in accordance with subparagraph

(A)of such section. Such petition may include the facts and information described in subparagraphs

(A)and

(B)of section 216A(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1) ) with respect to any commercial enterprise (regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation) in the United States in which the alien has made a capital investment at any time. Determination .— In carrying out section 216A(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(3) ) with respect to an alien described in paragraph (1), the Attorney General, in lieu of the determination described in such section 216A(c)(3), shall make a determination, within 90 days of the date of such filing, whether— the petition described in paragraph

(1)contains any material misrepresentation in the facts and information alleged in the petition with respect to the commercial enterprises included in the petition; subject to subparagraphs

(B)and

(C)of section 11031(c)(1), all such enterprises, considered together, created full-time jobs for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the alien and the alien’s spouse, sons, or daughters), and those jobs exist or existed on either of the dates described in paragraph (3); and considering the alien’s investments in such enterprises on either of the dates described in paragraph (3), or on both such dates, the alien is or was in substantial compliance with the capital investment requirement described in section 216A(d)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(1)(B) ). Dates .— The dates described in this paragraph are the following: The date on which the application described in subsection (b)(2) was filed. The date on which the determination under paragraph

(2)is made. Clarification With Respect to Children .— In the case of an alien who was a child on the date on which the application described in subsection (b)(2) was filed, the alien shall be considered to be a child for purposes of this section regardless of any change in age or marital status after such date.

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§ 11032

CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.

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