[112th Congress Public Law 58]
[From the U.S. Government Printing Office]



[[Page 125 STAT. 747]]

Public Law 112-58
112th Congress

                                 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. <<NOTE: Nov. 23, 
                          2011 -  [H.R. 398]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 8 USC 1186a.>> 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

[[Page 125 STAT. 748]]

                    (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.

    Approved November 23, 2011.

LEGISLATIVE HISTORY--H.R. 398:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-141, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            Aug. 1, considered and passed House.
            Nov. 10, considered and passed Senate.

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