Originally posted by ironporer
> What exactly is the difference between CPR and (full?)PR?
> I guess (to avoid some rather wry answer from Mr F) I should
> ask...what is the effect of the two... in what way can CPR/FPR affect
> the lives of those who hold such a status? Does on carry less/more
> priviledge than the other? If so, what/how?
Hi:
The idea of the "condition" was placed in the Immigration & Nationality
Act in the 1986 Marraige Fraud Amendments. In 1990, it was imposed on
the new "EB-5" investor visas.
Before 1980, there was the so-called "Seventh Preference" which was the
precursor of todays refugee status. It had the idea of "conditional
entrant" -- where the refugee in question was paroled in for two years
and thereafter was granted retroactive adjustment to permanent resident
status. The 1980 Refugee Act eliminated the Seventh Preference and
"executed" the U.S.'s obligations under the Refugee Convention to which
the US was a party. [BTW, although no longer "conditional" -- refugees
are adjusted retroactively back to date of entry while asylees are
retroactively adjusted to one year prior to approval of the adjustment].
It appears to be an importation of contract law into the immigration
laws. There are many provisions of the Act that are dependent upon the
idea of "lawful permanent resident." Time for citizenship is one of
them. So, apparently, rather than disturbing many portions of the INA,
the idea of conditions was introduced -- the resident status is
"permanent" PROVIDED you do something in the future.
The contract law of conditions gave me headaches in law school and I
don't really care to explain all that thouroughly. But to give you an
idea -- lets say that a company signed a 10 year lease in 2000 for space
in the World Trade Center -- there was a condition in the lease that the
World Trade Center be there -- either express or more likely, implied.
I'm willing to bet that the landlord didn't get his October 1, 2001 rent
check and or any subsequent rent checks.
__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
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