[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 398 Enrolled Bill (ENR)]
H.R.398
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To amend the Immigration and Nationality Act to toll, during active-duty
service abroad in the Armed Forces, the periods of time to file a
petition and appear for an interview to remove the conditional basis for
permanent resident status, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TOLLING PERIODS OF TIME TO FILE PETITION AND HAVE INTERVIEW
FOR REMOVAL OF CONDITION.
(a) In General.--Section 216 of the Immigration and Nationality Act
(8 U.S.C. 1186a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Service in Armed Forces.--
``(1) Filing petition.--The 90-day period described in
subsection (d)(2)(A) shall be tolled during any period of time in
which the alien spouse or petitioning spouse is a member of the
Armed Forces of the United States 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 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) shall be tolled during any
period of time in which the alien spouse or petitioning spouse is a
member of the Armed Forces of the United States 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) pursuant to the Secretary's authority
under the second sentence of subsection (d)(3).''.
(b) Conforming Amendments.--
(1) In general.--Section 216(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1186a(a)(1)) is amended--
(A) by striking ``(g)(1))'' and inserting ``(h)(1))''; and
(B) by striking ``(g)(2))'' and inserting ``(h)(2))''.
(2) References.--Section 216 of the Immigration and Nationality
Act (8 U.S.C. 1186a) is amended--
(A) in subsection (d)(3), by striking ``Attorney
General's'' and inserting ``Secretary's'';
(B) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(C) in subsections (c)(1)(B) and (d)(3), by striking
``Service'' and inserting ``Department of Homeland Security''.
SEC. 2. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.