8 U.S.C. § 1186 — Transferred

Page 245 TITLE 8—ALIENS AND NATIONALITY § 1186a 1 So in original. Probably should be ‘‘subsection’’. the United States. In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State. SEC. 2. Functions of the Secretary of State. The Sec- retary of State is assigned the functions of the Presi- dent under section 215(a) and (b) of the INA with re- spect to citizens of the United States, including those functions concerning United States passports. In addi- tion, the Secretary may amend or revoke part 46 of title 22, Code of Federal Regulations, which concern persons other than citizens of the United States. In ex- ercising these functions, the Secretary of State shall not issue, amend, or revoke any rules, regulations, or orders without first consulting with the Secretary of Homeland Security. SEC. 3. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen- cies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH. § 1186. Transferred Editorial Notes CODIFICATION Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 301(c), 100 Stat. 3411, which related to admission of temporary H–2A workers, was renumbered § 218 by Pub. L. 100–525, § 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to section 1188 of this title. § 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters (a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in sub- section (h)(1)) and an alien son or daughter (as defined in subsection (h)(2)) shall be consid- ered, at the time of obtaining the status of an alien lawfully admitted for permanent resi- dence, to have obtained such status on a con- ditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. (B) At time of required petition In addition, the Secretary of Homeland Se- curity shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections 1 (c)(1). (C) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this para- graph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter. (b) Termination of status if finding that quali- fying marriage improper (1) In general In the case of an alien with permanent resi- dent status on a conditional basis under sub- section (a), if the Secretary of Homeland Secu- rity determines, before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that— (A) the qualifying marriage— (i) was entered into for the purpose of procuring an alien’s admission as an immi- grant, or (ii) has been judicially annulled or ter- minated, other than through the death of a spouse; or (B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) of this title or sub- section (d) or (p) of section 1184 of this title with respect to the alien; the Secretary of Homeland Security shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. (2) Hearing in removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) 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 of Homeland Security to establish, by a prepon- derance of the evidence, that a condition de- scribed in paragraph (1) is met. (c) Requirements of timely petition and inter- view for removal of condition (1) In general In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed— (A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Secretary of Homeland Security, dur- ing the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and infor- mation described in subsection (d)(1), and (B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security re- specting the facts and information described in subsection (d)(1). (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a), if—