[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1216.1]

[Page 985-986]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1216_CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS--Table of Contents
 
Sec. 1216.1  Definition of conditional permanent resident.

Sec.
1216.1 Definition of conditional permanent resident.
1216.2 Notification requirements.
1216.3 Termination of conditional resident status.
1216.4 Joint petition to remove conditional basis of lawful permanent 
          resident status for alien spouse.
1216.5 Waiver of requirement to file joint petition to remove conditions 
          by alien spouse.
1216.6 Petition by entrepreneur to remove conditional basis of lawful 
          permanent resident status.

    Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8 CFR 
part 2.

    Source: 53 FR 30018, Aug. 10, 1988, unless otherwise noted. 
Duplicated from part 216 at 68 FR 9837, Feb. 28, 2003.

    Editorial Note: Nomenclature changes to part 1216 appear at 68 FR 
9846, Feb. 28, 2003, and at 68 FR 10353, Mar. 5, 2003.


    A conditional permanent resident is an alien who has been lawfully 
admitted for permanent residence within the meaning of section 
101(a)(20) of the Act, except that a conditional permanent resident is 
also subject to the conditions and responsibilities set forth in section 
216 or 216A of the Act, whichever is applicable, and part 216 of this 
chapter. Unless otherwise specified, the rights, privileges, 
responsibilities and duties which apply to all other lawful permanent 
residents apply equally to conditional permanent residents, including 
but not limited to the right to apply for naturalization (if otherwise 
eligible), the right to file petitions on

[[Page 986]]

behalf of qualifying relatives, the privilege of residing permanently in 
the United States as an immigrant in accordance with the immigration 
laws, such status not having changed; the duty to register with the 
Selective Service System, when required; and the responsibility for 
complying with all laws and regulations of the United States. All 
references within this chapter to lawful permanent residents apply 
equally to conditional permanent residents, unless otherwise specified. 
The conditions of section 216 of the Act shall not apply to lawful 
permanent resident status based on a self-petitioning relationship under 
section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(b)(ii), or 
204(a)(1)(B)(iii) of the Act or based on eligibility as the derivative 
child of a self-petitioning spouse under section 204(a)(1)(A)(iii) or 
204(a)(1)(B)(ii) of the Act, regardless of the date on which the 
marriage to the abusive citizen or lawful permanent resident occurred.

[53 FR 30018, Aug. 10, 1988, as amended at 59 FR 26590, May 23, 1994; 61 
FR 13079, Mar. 26, 1996]