Conditional permanent resident status for certain immigrants, spouses, and children

(a) In general Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 216A (8 U.S.C. 1186a) the following: 216B. Conditional permanent resident status for points-based immigrants, spouses, and children (a) Definitions In this section: (1) Alien spouse; alien child The terms alien spouse and alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of a points-based immigrant. (2) Means-tested public benefit The term means-tested public benefit means a public benefit (including cash, medical, housing, and food assistance and social services) from the Federal Government or from a State or political subdivision of a State in which the eligibility of an individual, household, or family eligibility unit for benefits, the amount of such benefits, or both are determined on the basis of income, resources, or financial need of the individual, household, or family eligibility unit. (3) Points-based immigrant The term points-based immigrant means an alien who has obtained the status of an alien lawfully admitted for permanent residence on a conditional basis under section 203(b). (b) In general (1) Conditional basis for status A points-based immigrant, alien spouse, and alien child shall be considered, at the time of obtaining status as an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the requirements under this section. (2) Notice of requirements (A) At the time of obtaining permanent residence At the time a points-based immigrant, alien spouse, or alien child is granted permanent resident status on a conditional basis, the Secretary of Homeland Security shall notify such alien of the requirements under this section, including the requirements under subsection (d) for removing the conditional basis of such status. (B) Removal of conditions Not later than 90 days before the date that is 2 years after the date on which a points-based immigrant, alien spouse, or alien child is granted permanent resident status on a conditional basis, the Secretary of Homeland Security shall notify such alien of the requirements for the removal of the conditional basis of such status described in subsection (d)(1). (C) Effect of failure to provide notice Failure by the Secretary of Homeland Security to provide the notice required under this paragraph shall not affect the authority of the Secretary to enforce this section. (c) Termination of permanent resident status for failing To fulfill requirements (1) In general If, at any time before the date that is 2 years after the date on which a points-based immigrant is granted permanent resident status on a conditional basis, the Secretary of Homeland Security determines that such immigrant is an alien described in paragraph (2), the Secretary shall— (A) subject to paragraph (3), terminate the conditional permanent resident status of— (i) such immigrant; (ii) the alien spouse of such immigrant; and (iii) each alien child of such immigrant; and (B) notify each such alien of such termination. (2) Alien described An alien described in this paragraph is a points-based immigrant who— (A) has not complied with his or her attestation under section 204A(a)(2)(A); (B) has been convicted of 1 or more offenses for which such alien has been sentenced to an aggregate term of imprisonment of more than 1 year; (C) has received a means-tested public benefit; or (D) is not employed in— (i) the job for which the employer of the alien made a bona fide job offer described in section 204A(a)(2)(B); or (ii) another job for the same employer, or a new employer, for which the immigrant is compensated at a salary that is equivalent to or higher than the salary of the job for which the alien received such bona fide job offer. (3) Hearing in removal proceedings (A) In general An alien whose permanent resident status on a conditional basis is terminated pursuant to paragraph (1) may request, while in removal proceedings, a review of the determination upon which such termination is based. (B) Burden of proof In any review under subparagraph (A), the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the alien concerned is an alien described in paragraph (2). (d) Requirement of timely petition and interview for removal of condition (1) In general The conditional basis established under subsection (b) for a points-based immigrant, alien spouse, or alien child may be removed if— (A) the points-based immigrant, during the 90-day period ending on the date that is 2 years after the date on which the points-based immigrant was granted permanent resident status on a conditional basis, submits a petition to the Secretary of Homeland Security that— (i) requests the removal of such conditional basis; and (ii) states, under penalty of perjury, the facts and information described in subsection (e)(1); and (B) in accordance with subsection (e)(3), the points-based immigrant appears for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (e)(1). (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general The Secretary of Homeland Security shall terminate the permanent resident status of a points-based immigrant (and such status of the immigrant’s spouse and children obtained on a conditional basis under this section or section 216) on the date that is 2 years after the date on which such alien was lawfully admitted for permanent residence if— (i) no petition is filed with respect to such alien in accordance with paragraph (1)(A); or (ii) the alien fails to appear at an interview described in paragraph (1)(B) and required under subsection (e)(3), unless the alien shows good cause for such nonappearance. (B) Hearing in removal proceedings In any removal proceeding concerning an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the requirement under subparagraphs (A) and (B) of paragraph (1). (3) Determination after petition and interview (A) In general Not later than 90 days after the later of the date on which a points-based immigrant files a petition pursuant to paragraph (1)(A) and the date on which such alien is interviewed pursuant to paragraph (1)(B), the Secretary of Homeland Security shall determine whether the facts and information described in subsection (e)(1) and alleged in the petition are true. (B) Removal of conditional basis If the Secretary determines the facts and information contained in a petition submitted pursuant to paragraph (1)(A) are true, the Secretary shall— (i) notify the alien involved of such determination; and (ii) remove the conditional basis of the alien’s status effective as of the date that is 2 years after the date on which such alien was lawfully admitted for permanent residence. (C) Termination if adverse determination If the Secretary determines the facts and information alleged in the petition are not true, the Secretary shall— (i) notify the alien involved of such determination; and (ii) subject to subparagraph (D), terminate the permanent resident status of the points-based immigrant, alien spouse, and alien child as of the date of such determination. (D) Hearing in removal proceeding Any alien whose permanent resident status is terminated pursuant to subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary to establish, by a preponderance of the evidence, that the facts and information described in subsection (e)(1) and alleged in the petition are not true. (e) Detail of petition and interview (1) Content of petition Each petition submitted pursuant to subsection (d)(1)(A) shall contain facts and information demonstrating the alien is not described in any of subparagraphs (A) through (D) of subsection (c)(2). (2) Period for filing petition (A) Ninety-day period before second anniversary Except as provided in subparagraph (B), a petition shall be filed pursuant to subsection (d)(1)(A) during the 90-day period ending on the date that is 2 years after the date on which the points-based immigrant was lawfully admitted for permanent residence. (B) Late petitions for good cause shown A petition required under subsection (d)(1)(A) may be considered if filed after the date referred to in subparagraph (A) if the points-based immigrant establishes, to the satisfaction of the Secretary of Homeland Security, good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during removal The Secretary of Homeland Security may stay removal proceedings against an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A) pending the filing of a petition pursuant to subparagraph (B). (3) Personal interview The interview required under subsection (d)(1)(B) shall be conducted not later than 90 days after the date on which a petition is submitted pursuant to subsection (d)(1)(A) at a local office of the Department of Homeland Security that has been designated by the Secretary of Homeland Security and is convenient to the parties involved. (f) Treatment of period for purposes of naturalization For purposes of title III, an alien granted lawful permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and to be present in the United States, as an alien lawfully admitted for permanent residence.. (b) Clerical amendment The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 216A the following: Sec. 216B. Conditional permanent resident status for points-based immigrants, spouses, and children..