[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 398 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 398

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2011

Ms. Zoe Lofgren of California (for herself, Mr. Gallegly, Mr. Conyers, 
   and Mr. Smith of Texas) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committee on the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  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.
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