IB 

Union Calendar No. 89 

112TH CONGRESS 

1ST SESSION H. R. 398 

[Report No. 112–141, Part I] 

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 

JULY 8, 2011 

Reported from the Committee on the Judiciary 

JULY 8, 2011 

The Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


emcdonald on DSK2BSOYB1PROD with BILLS
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•HR 398 RH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 398 RH

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

3 SECTION 1. TOLLING PERIODS OF TIME TO FILE PETITION 

4 AND HAVE INTERVIEW FOR REMOVAL OF 

5 CONDITION. 

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

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

8 (1) by redesignating subsection (g) as sub9 section (h); and 

10 (2) by inserting after subsection (f) the fol11 lowing: 

12 ‘‘(g) SERVICE IN ARMED FORCES.— 

13 ‘‘(1) FILING PETITION.—The 90-day period de14 scribed in subsection (d)(2)(A) shall be tolled during 

15 any period of time in which the alien spouse or peti16 tioning spouse is a member of the Armed Forces of 

17 the United States and serving abroad in an active18 duty status in the Armed Forces, except that, at the 

19 option of the petitioners, the petition may be filed 

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

21 commencement of such 90-day period. 

22 ‘‘(2) PERSONAL INTERVIEW.—The 90-day pe23 riod described in the first sentence of subsection 

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

25 which the alien spouse or petitioning spouse is a 


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•HR 398 RH

1 member of the Armed Forces of the United States 

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

3 Armed Forces, except that nothing in this paragraph 

4 shall be construed to prohibit the Secretary of 

5 Homeland Security from waiving the requirement 

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

7 to the Secretary’s authority under the second sen8 tence of subsection (d)(3).’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) IN GENERAL.—Section 216(a)(1) of the Im11 migration and Nationality Act (8 U.S.C. 

12 1186a(a)(1)) is amended— 

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

14 ‘‘(h)(1))’’; and 

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

16 ‘‘(h)(2))’’. 

17 (2) REFERENCES.—Section 216 of the Immi18 gration and Nationality Act (8 U.S.C. 1186a) is 

19 amended— 

20 (A) in subsection (d)(3), by striking ‘‘At21 torney General’s’’ and inserting ‘‘Secretary’s’’; 

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

23 place such term appears and inserting ‘‘Sec24 retary of Homeland Security’’; and 


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•HR 398 RH

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

2 striking ‘‘Service’’ and inserting ‘‘Department 

3 of Homeland Security’’. 

4 SEC. 2. COMPLIANCE WITH PAYGO. 

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

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

7 shall be determined by reference to the latest statement 

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

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the Committee on the Budget of the 

11 House of Representatives, provided that such statement 

12 has been submitted prior to the vote on passage. 


emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 89 

112TH CONGRESS 

1ST SESSION H. R. 398 

[Report No. 112–141, Part I] 

A BILL 

To amend the Immigration and Nationality Act to 

and for other purposes. conditional basis for permanent resident status, tion and appear for an interview to remove the Armed Forces, the periods of time to file a petitoll, during active-duty service abroad in the 

JULY 8, 2011 

Reported from the Committee on the Judiciary 

JULY 8, 2011 

The Committee on the Budget discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


emcdonald on DSK2BSOYB1PROD with BILLS