---
kind: "section"
citation: "8 U.S.C. § 1186a"
title: "8"
title_heading: "Aliens and Nationality"
number: "1186a"
heading: "Conditional permanent resident status for certain alien spouses and sons and daughters"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1186a"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part II — Admission Qualifications for Aliens; Travel Control of Citizens and Aliens"
---

# §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](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) (as defined in [subsection (h)(1)](#h-1)) and an [alien](/usc/8/1101.md?p=a-3) son or daughter (as defined in [subsection (h)(2)](#h-2)) shall be considered, at the time of obtaining the status of an [alien](/usc/8/1101.md?p=a-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20), to have obtained such status on a conditional basis subject to the provisions of this section.
  - (2) **Notice of requirements—**
    - (A) **At time of obtaining permanent residence—** At the time an [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or [alien](/usc/8/1101.md?p=a-3) son or daughter obtains [permanent](/usc/8/1101.md?p=a-31) resident status on a conditional basis under [paragraph (1)](#a-1), the Secretary of Homeland Security shall provide for notice to such a [spouse](/usc/8/1101.md?p=a-35), son, or daughter respecting the provisions of this section and the requirements of [subsection (c)(1)](#c-1) to have the conditional basis of such status removed.
    - (B) **At time of required petition—** In addition, the Secretary of Homeland Security shall attempt to provide notice to such a [spouse](/usc/8/1101.md?p=a-35), son, or daughter, at or about the beginning of the 90-day period described in [subsection (d)(2)(A)](#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 paragraph shall not affect the enforcement of the provisions of this section with respect to such a [spouse](/usc/8/1101.md?p=a-35), son, or daughter.
- (b) **Termination of status if finding that qualifying marriage improper—**
  - (1) **In general—** In the case of an [alien](/usc/8/1101.md?p=a-3) with [permanent](/usc/8/1101.md?p=a-31) resident status on a conditional basis under [subsection (a)](#a), if the Secretary of Homeland Security determines, before the second anniversary of the [alien](/usc/8/1101.md?p=a-3)’s obtaining the status of lawful [admission](/usc/8/1101.md?p=a-13-A) for [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33), that—
    - (A) the qualifying marriage—
      - (i) was entered into for the purpose of procuring an [alien](/usc/8/1101.md?p=a-3)’s [admission](/usc/8/1101.md?p=a-13-A) as an [immigrant](/usc/8/1101.md?p=a-15), or
      - (ii) has been judicially annulled or terminated, other than through the death of a [spouse](/usc/8/1101.md?p=a-35); 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](/usc/8/1154.md?p=a) or subsection (d) or (p) of [section 1184 of this title](/usc/8/1184.md) with respect to the [alien](/usc/8/1101.md?p=a-3);

    the Secretary of Homeland Security shall so notify the parties involved and, subject to [paragraph (2)](#b-2), shall terminate the [permanent](/usc/8/1101.md?p=a-31) resident status of the [alien](/usc/8/1101.md?p=a-3) (or [aliens](/usc/8/1101.md?p=a-3)) involved as of the date of the determination.

  - (2) **Hearing in removal proceeding—** Any [alien](/usc/8/1101.md?p=a-3) whose [permanent](/usc/8/1101.md?p=a-31) resident status is terminated under [paragraph (1)](#b-1) may request a review of such determination in a proceeding to remove the [alien](/usc/8/1101.md?p=a-3). 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)](#b-1) is met.
- (c) **Requirements of timely petition and interview for removal of condition—**
  - (1) **In general—** In order for the conditional basis established under [subsection (a)](#a) for an [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or an [alien](/usc/8/1101.md?p=a-3) son or daughter to be removed—
    - (A) the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) and the petitioning [spouse](/usc/8/1101.md?p=a-35) (if not deceased) jointly must submit to the Secretary of Homeland Security, during the period described in [subsection (d)(2)](#d-2), a petition which requests the removal of such conditional basis and which [states](/usc/8/1101.md?p=a-36), under penalty of perjury, the facts and information described in [subsection (d)(1)](#d-1), and
    - (B) in accordance with [subsection (d)(3)](#d-3), the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) and the petitioning [spouse](/usc/8/1101.md?p=a-35) (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in [subsection (d)(1)](#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](/usc/8/1101.md?p=a-3) with [permanent](/usc/8/1101.md?p=a-31) resident status on a conditional basis under [subsection (a)](#a), if—
      - (i) no petition is filed with respect to the [alien](/usc/8/1101.md?p=a-3) in accordance with the provisions of [paragraph (1)(A)](#c-1-A), or
      - (ii) unless there is good cause shown, the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) and petitioning [spouse](/usc/8/1101.md?p=a-35) fail to appear at the interview described in [paragraph (1)(B)](#c-1-B),

      the Secretary of Homeland Security shall terminate the [permanent](/usc/8/1101.md?p=a-31) resident status of the [alien](/usc/8/1101.md?p=a-3) as of the second anniversary of the [alien](/usc/8/1101.md?p=a-3)’s lawful [admission](/usc/8/1101.md?p=a-13-A) for [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33).

    - (B) **Hearing in removal proceeding—** In any removal proceeding with respect to an [alien](/usc/8/1101.md?p=a-3) whose [permanent](/usc/8/1101.md?p=a-31) resident status is terminated under [subparagraph (A)](#c-2-A), the burden of proof shall be on the [alien](/usc/8/1101.md?p=a-3) to establish compliance with the conditions of paragraphs [(1)(A)](#c-1-A) and [(1)(B)](#c-1-B).
  - (3) **Determination after petition and interview—**
    - (A) **In general—** If—
      - (i) a petition is filed in accordance with the provisions of [paragraph (1)(A)](#c-1-A), and
      - (ii) the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) and petitioning [spouse](/usc/8/1101.md?p=a-35) appear at the interview described in [paragraph (1)(B)](#c-1-B),

      the Secretary of Homeland Security shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in [subsection (d)(1)](#d-1) and alleged in the petition are true with respect to the qualifying marriage.

    - (B) **Removal of conditional basis if favorable determination—** If the Secretary of Homeland Security determines that such facts and information are true, the Secretary of Homeland Security shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the [alien](/usc/8/1101.md?p=a-3)’s obtaining the status of lawful [admission](/usc/8/1101.md?p=a-13-A) for [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33).
    - (C) **Termination if adverse determination—** If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary of Homeland Security shall so notify the parties involved and, subject to [subparagraph (D)](#c-3-D), shall terminate the [permanent](/usc/8/1101.md?p=a-31) resident status of an [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or an [alien](/usc/8/1101.md?p=a-3) son or daughter as of the date of the determination.
    - (D) **Hearing in removal proceeding—** Any [alien](/usc/8/1101.md?p=a-3) whose [permanent](/usc/8/1101.md?p=a-31) resident status is terminated under [subparagraph (C)](#c-3-C) may request a review of such determination in a proceeding to remove the [alien](/usc/8/1101.md?p=a-3). 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 facts and information described in [subsection (d)(1)](#d-1) and alleged in the petition are not true with respect to the qualifying marriage.
  - (4) **Hardship waiver—** The Secretary of Homeland Security, in the Secretary’s discretion, may remove the conditional basis of the [permanent](/usc/8/1101.md?p=a-31) resident status for an [alien](/usc/8/1101.md?p=a-3) who fails to meet the requirements of [paragraph (1)](#c-1) if the [alien](/usc/8/1101.md?p=a-3) demonstrates that—
    - (A) extreme hardship would result if such [alien](/usc/8/1101.md?p=a-3) is removed;
    - (B) the qualifying marriage was entered into in good faith by the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35), but the qualifying marriage has been terminated (other than through the death of the [spouse](/usc/8/1101.md?p=a-35)) and the [alien](/usc/8/1101.md?p=a-3) was not at fault in failing to meet the requirements of [paragraph (1)](#c-1); or
    - (C) the qualifying marriage was entered into in good faith by the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) and during the marriage the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or [child](/usc/8/1101.md?p=b-1) was battered by or was the subject of extreme cruelty perpetrated by his or her [spouse](/usc/8/1101.md?p=a-35) or citizen or [permanent](/usc/8/1101.md?p=a-31) resident [parent](/usc/8/1101.md?p=b-2) and the [alien](/usc/8/1101.md?p=a-3) was not at fault in failing to meet the requirements of [paragraph (1)](#c-1); or
    - (D) the [alien](/usc/8/1101.md?p=a-3) meets the requirements under [section 1154(a)(1)(A)(iii)(II)(aa)(BB) of this title](/usc/8/1154.md?p=a-1-A-iii-II-aa-BB) and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the [alien](/usc/8/1101.md?p=a-3)’s [intended spouse](/usc/8/1101.md?p=a-50) and was not at fault in failing to meet the requirements of [paragraph (1)](#c-1).

    In determining extreme hardship, the Secretary of Homeland Security shall consider circumstances occurring only during the period that the [alien](/usc/8/1101.md?p=a-3) was [admitted](/usc/8/1101.md?p=a-13-A) for [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33) on a conditional basis. In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary of Homeland Security. The Secretary of Homeland Security shall, by regulation, establish measures to protect the confidentiality of information concerning any abused [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or [child](/usc/8/1101.md?p=b-1), including information regarding the whereabouts of such [spouse](/usc/8/1101.md?p=a-35) or [child](/usc/8/1101.md?p=b-1).

- (d) **Details of petition and interview—**
  - (1) **Contents of petition—** Each petition under [subsection (c)(1)(A)](#c-1-A) shall contain the following facts and information:
    - (A) **Statement of proper marriage and petitioning process—** The facts are that—
      - (i) the qualifying marriage—
        - (I) was entered into in accordance with the laws of the place where the marriage took place,
        - (II) has not been judicially annulled or terminated, other than through the death of a [spouse](/usc/8/1101.md?p=a-35), and
        - (III) was not entered into for the purpose of procuring an [alien](/usc/8/1101.md?p=a-3)’s [admission](/usc/8/1101.md?p=a-13-A) as an [immigrant](/usc/8/1101.md?p=a-15); and
      - (ii) no 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](/usc/8/1154.md?p=a) or subsection [(d)](#d) or (p)[^2] of [section 1184 of this title](/usc/8/1184.md) with respect to the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or [alien](/usc/8/1101.md?p=a-3) son or daughter.
    - (B) **Statement of additional information—** The information is a statement of—
      - (i) the actual [residence](/usc/8/1101.md?p=a-33) of each party to the qualifying marriage since the date the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) obtained [permanent](/usc/8/1101.md?p=a-31) resident status on a conditional basis under [subsection (a)](#a), and
      - (ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party.
  - (2) **Period for filing petition—**
    - (A) **90-day period before second anniversary—** Except as provided in [subparagraph (B)](#d-2-B), the petition under [subsection (c)(1)(A)](#c-1-A) must be filed during the 90-day period before the second anniversary of the [alien](/usc/8/1101.md?p=a-3)’s obtaining the status of lawful [admission](/usc/8/1101.md?p=a-13-A) for [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33).
    - (B) **Date petitions for good cause—** Such a petition may be considered if filed after such date, but only if the [alien](/usc/8/1101.md?p=a-3) 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)](#d-2-A).
    - (C) **Filing of petitions during removal—** In the case of an [alien](/usc/8/1101.md?p=a-3) 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)](#d-2-A), the Secretary of Homeland Security may stay such removal proceedings against an [alien](/usc/8/1101.md?p=a-3) pending the filing of the petition under [subparagraph (B)](#d-2-B).
  - (3) **Personal interview—** The interview under [subsection (c)(1)(B)](#c-1-B) shall be conducted within 90 days after the date of submitting a petition under [subsection (c)(1)(A)](#c-1-A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary of Homeland Security, in the Secretary’s discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
- (e) **Treatment of period for purposes of naturalization—** For purposes of subchapter III, in the case of an [alien](/usc/8/1101.md?p=a-3) who is in the [United States](/usc/8/1101.md?p=a-38) as a lawful [permanent](/usc/8/1101.md?p=a-31) resident on a conditional basis under this section, the [alien](/usc/8/1101.md?p=a-3) shall be considered to have been [admitted](/usc/8/1101.md?p=a-13-A) as an [alien](/usc/8/1101.md?p=a-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20) and to be in the [United States](/usc/8/1101.md?p=a-38) as an [alien](/usc/8/1101.md?p=a-3) lawfully [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) for [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33).
- (f) **Treatment of certain waivers—** In the case of an [alien](/usc/8/1101.md?p=a-3) who has [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33) status on a conditional basis under this section, if, in order to obtain such status, the [alien](/usc/8/1101.md?p=a-3) obtained a waiver under subsection (h) or (i) of [section 1182 of this title](/usc/8/1182.md) of certain grounds of inadmissibility, such waiver terminates upon the termination of such [permanent](/usc/8/1101.md?p=a-31) [residence](/usc/8/1101.md?p=a-33) status under this section.
- (g) **Service in Armed Forces—**
  - (1) **Filing petition—** The 90-day period described in [subsection (d)(2)(A)](#d-2-A) shall be tolled during any period of time in which the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or petitioning [spouse](/usc/8/1101.md?p=a-35) is a member of the Armed Forces of the [United States](/usc/8/1101.md?p=a-38) and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty [service](/usc/8/1101.md?p=a-34) at any time after the commencement of such 90-day period.
  - (2) **Personal interview—** The 90-day period described in the first sentence of [subsection (d)(3)](#d-3) shall be tolled during any period of time in which the [alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35) or petitioning [spouse](/usc/8/1101.md?p=a-35) is a member of the Armed Forces of the [United States](/usc/8/1101.md?p=a-38) and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under [subsection (c)(1)(B)](#c-1-B) pursuant to the Secretary’s authority under the second sentence of [subsection (d)(3)](#d-3).
- (h) **Definitions—** In this section:
  - (1) The term “[alien](/usc/8/1101.md?p=a-3) [spouse](/usc/8/1101.md?p=a-35)” means an [alien](/usc/8/1101.md?p=a-3) who obtains the status of an [alien](/usc/8/1101.md?p=a-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20) (whether on a conditional basis or otherwise)—
    - (A) as an immediate relative (described in [section 1151(b) of this title](/usc/8/1151.md?p=b)) as the [spouse](/usc/8/1101.md?p=a-35) of a citizen of the [United States](/usc/8/1101.md?p=a-38),
    - (B) under [section 1184(d) of this title](/usc/8/1184.md?p=d) as the fiancee or fiance of a citizen of the [United States](/usc/8/1101.md?p=a-38), or
    - (C) under [section 1153(a)(2) of this title](/usc/8/1153.md?p=a-2) as the [spouse](/usc/8/1101.md?p=a-35) of an [alien](/usc/8/1101.md?p=a-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20),

    by virtue of a marriage which was entered into less than 24 months before the date the [alien](/usc/8/1101.md?p=a-3) obtains such status by virtue of such marriage, but does not include such an [alien](/usc/8/1101.md?p=a-3) who only obtains such status as a result of [section 1153(d) of this title](/usc/8/1153.md?p=d).

  - (2) The term “[alien](/usc/8/1101.md?p=a-3) son or daughter” means an [alien](/usc/8/1101.md?p=a-3) who obtains the status of an [alien](/usc/8/1101.md?p=a-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20) (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.
  - (3) The term “qualifying marriage” means the marriage described to in [paragraph (1)](#h-1).
  - (4) The term “petitioning [spouse](/usc/8/1101.md?p=a-35)” means the [spouse](/usc/8/1101.md?p=a-35) of a qualifying marriage, other than the [alien](/usc/8/1101.md?p=a-3).

## Footnotes

[^1]: So in original. Probably should be “subsection”.
[^2]: See References in Text note below.

## Source credit

(June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Pub. L. 99–639, § 2(a), Nov. 10, 1986, 100 Stat. 3537; amended Pub. L. 100–525, § 7(a), Oct. 24, 1988, 102 Stat. 2616; Pub. L. 101–649, title VII, § 701(a), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102–232, title III, § 302(e)(8)(B), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 103–322, title IV, § 40702(a), Sept. 13, 1994, 108 Stat. 1955; Pub. L. 104–208, div. C, title III, § 308(d)(4)(E), (e)(7), (f)(1)(I), (J), Sept. 30, 1996, 110 Stat. 3009–618, 3009–620, 3009–621; Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(2)], Dec. 21, 2000, 114 Stat. 2762, 2762A–145; Pub. L. 112–58, § 1, Nov. 23, 2011, 125 Stat. 747; Pub. L. 113–4, title VIII, § 806, Mar. 7, 2013, 127 Stat. 112.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (a)(1), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Subsection (p) of section 1184 of this title, referred to in subsec. (d)(1)(A)(ii), was redesignated subsec. (r) of section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.

### Codification

Another section 216 of act June 27, 1952, was renumbered section 218 and is classified to section 1188 of this title.

### Amendments

2013—Subsec. (c)(4). Pub. L. 113–4, § 806(b)(2), which, in concluding provisions, directed the substitution of “Secretary of Homeland Security” for “Attorney General” in the first sentence and “Secretary” for “Attorney General” in the second to fourth sentences, could not be executed because of the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below.

Pub. L. 113–4, § 806(b)(1), which directed the substitution of “The Secretary of Homeland Security, in the Secretary’s” for “The Attorney General, in the Attorney General’s” in introductory provisions, was executed by making the substitution for “The Secretary of Homeland Security, in the Attorney General’s”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below.

Subsec. (c)(4)(D). Pub. L. 113–4, § 806(a), added subpar. (D).

2011—Pub. L. 112–58, § 1(b)(2)(B), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing except in subsec. (g)(2).

Subsec. (a)(1). Pub. L. 112–58, § 1(b)(1), substituted “(h)(1))” for “(g)(1))” and “(h)(2))” for “(g)(2))”.

Subsec. (c)(1)(B). Pub. L. 112–58, § 1(b)(2)(C), substituted “Department of Homeland Security” for “Service”.

Subsec. (d)(3). Pub. L. 112–58, § 1(b)(2)(A), (C), substituted “Department of Homeland Security” for “Service” and “Secretary’s” for “Attorney General’s”.

Subsecs. (g), (h). Pub. L. 112–58, § 1(a), added subsec. (g) and redesignated former subsec. (g) as (h).

2000—Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106–553 substituted “section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title” for “section 1154(a) or 1184(d) of this title”.

1996—Subsec. (b)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(I), substituted “admission” for “entry”.

Subsec. (b)(2). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.

Subsec. (c)(2)(B). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and text.

Subsec. (c)(3)(D). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.

Subsec. (c)(4)(A). Pub. L. 104–208, § 308(e)(7), substituted “removed” for “deported”.

Subsec. (d)(1)(A)(i)(III). Pub. L. 104–208, § 308(f)(1)(J), substituted “admission” for “entry”.

Subsec. (d)(2)(C). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” wherever appearing in heading and text.

Subsec. (f). Pub. L. 104–208, § 308(d)(4)(E), substituted “inadmissibility” for “exclusion”.

1994—Subsec. (c)(4). Pub. L. 103–322 inserted after second sentence “In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”

1991—Subsec. (g)(1). Pub. L. 102–232 substituted “section 1153(d)” for “section 1153(a)(8)” in closing provisions.

1990—Subsec. (c)(4). Pub. L. 101–649 struck out “or” at end of subpar. (A), struck out “by the alien spouse for good cause” after “death of the spouse)” and substituted “, or” for period at end of subpar. (B), added subpar. (C), and inserted at end “The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.”

1988—Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of Pub. L. 99–639, § 2(a), which enacted this section.

Subsec. (c)(3)(A). Pub. L. 100–525, § 7(a)(2), substituted “90 days” for “90-days”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2000 Amendment

Amendment by Pub. L. 106–553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)] of Pub. L. 106–553, set out as a note under section 1101 of this title.

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

### Effective Date of 1994 Amendment

Pub. L. 103–322, title IV, § 40702(b), Sept. 13, 1994, 108 Stat. 1955, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Sept. 13, 1994] and shall apply to applications made before, on, or after such date.”

### Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 302(e)(8), Dec. 12, 1991, 105 Stat. 1746, provided that the amendment made by section 302(e)(8) is effective as if included in section 162(e) of the Immigration Act of 1990, Pub. L. 101–649.

### Effective Date of 1990 Amendment

Pub. L. 101–649, title VII, § 701(b), Nov. 29, 1990, 104 Stat. 5086, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990].”

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99–639, see section 7(d) of Pub. L. 100–525, set out as a note under section 1182 of this title.

### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.