[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1808 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1808

  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 SENATE OF THE UNITED STATES

                            November 3, 2011

 Mr. Coons (for himself and Mr. Graham) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 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. The petition under subsection 
        (c)(1)(A) may be filed during such active-duty service at any 
        time after the commencement of such 90-day period.
            ``(2) Personal interview.--
                    ``(A) In general.--The 90-day period described in 
                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.
                    ``(B) Savings provision.--Nothing in this paragraph 
                may 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 subsection (d)(3).''.
    (b) Conforming Amendments.--Section 216 of the Immigration and 
Nationality Act (8 U.S.C. 1186a) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (a)(1)--
                    (A) by striking ``(as defined in subsection 
                (g)(1))''; and
                    (B) by striking ``(as defined in subsection 
                (g)(2))'';
            (3) in subsection (c)(1)(B), by striking ``Service'' and 
        inserting ``Department of Homeland Security''; and
            (4) in subsection (d)--
                    (A) in paragraph (2)(A), by inserting ``and 
                subsection (g)(1)'' after ``subparagraph (B)''; and
                    (B) in paragraph (3)--
                            (i) by striking ``The interview'' and 
                        inserting ``Except as provided in subsection 
                        (g)(2), the interview''; and
                            (ii) 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 Senate, 
provided that such statement has been submitted prior to the vote on 
passage.
                                 <all>