[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

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

[[Page 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:
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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.