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 
H. R. 398—2 

(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.