I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 398 IH

1 SECTION 1. TOLLING PERIODS OF TIME TO FILE PETITION 

2 AND HAVE INTERVIEW FOR REMOVAL OF 

3 CONDITION. 

4 (a) IN GENERAL.—Section 216 of the Immigration 

5 and Nationality Act (8 U.S.C. 1186a) is amended— 

6 (1) by redesignating subsection (g) as sub7 section (h); and 

8 (2) by inserting after subsection (f) the fol9 lowing: 

10 ‘‘(g) SERVICE IN ARMED FORCES.— 

11 ‘‘(1) FILING PETITION.—The 90-day period de12 scribed in subsection (d)(2)(A) shall be tolled during 

13 any period of time in which the alien spouse or peti14 tioning spouse is a member of the Armed Forces of 

15 the United States and serving abroad in an active16 duty status in the Armed Forces, except that, at the 

17 option of the petitioners, the petition may be filed 

18 during such active-duty service at any time after the 

19 commencement of such 90-day period. 

20 ‘‘(2) PERSONAL INTERVIEW.—The 90-day pe21 riod described in the first sentence of subsection 

22 (d)(3) shall be tolled during any period of time in 

23 which the alien spouse or petitioning spouse is a 

24 member of the Armed Forces of the United States 

25 and serving abroad in an active-duty status in the 

26 Armed Forces, except that nothing in this paragraph 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 398 IH

1 shall be construed to prohibit the Secretary of 

2 Homeland Security from waiving the requirement 

3 for an interview under subsection (c)(1)(B) pursuant 

4 to the Secretary’s authority under the second sen5 tence of subsection (d)(3).’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) IN GENERAL.—Section 216(a)(1) of the Im8 migration and Nationality Act (8 U.S.C. 

9 1186a(a)(1)) is amended— 

10 (A) by striking ‘‘(g)(1))’’ and inserting 

11 ‘‘(h)(1))’’; and 

12 (B) by striking ‘‘(g)(2))’’ and inserting 

13 ‘‘(h)(2))’’. 

14 (2) REFERENCES.—Section 216 of the Immi15 gration and Nationality Act (8 U.S.C. 1186a) is 

16 amended— 

17 (A) in subsection (d)(3), by striking ‘‘At18 torney General’s’’ and inserting ‘‘Secretary’s’’; 

19 (B) by striking ‘‘Attorney General’’ each 

20 place such term appears and inserting ‘‘Sec21 retary of Homeland Security’’; and 

22 (C) in subsections (c)(1)(B) and (d)(3), by 

23 striking ‘‘Service’’ and inserting ‘‘Department 

24 of Homeland Security’’. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 398 IH

1 SEC. 2. COMPLIANCE WITH PAYGO. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the Committee on the Budget of the 

8 House of Representatives, provided that such statement 

9 has been submitted prior to the vote on passage. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS