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[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.
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