II 

112TH CONGRESS 

1ST SESSION S. 1808 

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 SENATE OF THE UNITED STATES 

NOVEMBER 3, 2011 

Mr. COONS (for himself and Mr. GRAHAM) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

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, 

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— 


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1 (1) by redesignating subsection (g) as sub2 section (h); and 

3 (2) by inserting after subsection (f) the fol4 lowing: 

5 ‘‘(g) SERVICE IN ARMED FORCES.— 

6 ‘‘(1) FILING PETITION.—The 90-day period de7 scribed in subsection (d)(2)(A) shall be tolled during 

8 any period in which the alien spouse or petitioning 

9 spouse is a member of the Armed Forces of the 

10 United States and serving abroad in an active-duty 

11 status in the Armed Forces. The petition under sub12 section (c)(1)(A) may be filed during such active13 duty service at any time after the commencement of 

14 such 90-day period. 

15 ‘‘(2) PERSONAL INTERVIEW.— 

16 ‘‘(A) IN GENERAL.—The 90-day period de17 scribed in subsection (d)(3) shall be tolled dur18 ing any period of time in which the alien spouse 

19 or petitioning spouse is a member of the Armed 

20 Forces of the United States and serving abroad 

21 in an active-duty status in the Armed Forces. 

22 ‘‘(B) SAVINGS PROVISION.—Nothing in 

23 this paragraph may be construed to prohibit the 

24 Secretary of Homeland Security from waiving 

25 the requirement for an interview under subVerDate Mar 15 2010 23:20 Nov 07, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1808.IS S1808

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1 section (c)(1)(B) pursuant to the Secretary’s 

2 authority under subsection (d)(3).’’. 

3 (b) CONFORMING AMENDMENTS.—Section 216 of the 

4 Immigration and Nationality Act (8 U.S.C. 1186a) is 

5 amended— 

6 (1) by striking ‘‘Attorney General’’ each place 

7 such term appears and inserting ‘‘Secretary of 

8 Homeland Security’’; 

9 (2) in subsection (a)(1)— 

10 (A) by striking ‘‘(as defined in subsection 

11 (g)(1))’’; and 

12 (B) by striking ‘‘(as defined in subsection 

13 (g)(2))’’; 

14 (3) in subsection (c)(1)(B), by striking ‘‘Serv15 ice’’ and inserting ‘‘Department of Homeland Secu16 rity’’; and 

17 (4) in subsection (d)— 

18 (A) in paragraph (2)(A), by inserting ‘‘and 

19 subsection (g)(1)’’ after ‘‘subparagraph (B)’’; 

20 and 

21 (B) in paragraph (3)— 

22 (i) by striking ‘‘The interview’’ and 

23 inserting ‘‘Except as provided in subsection 

24 (g)(2), the interview’’; and 


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1 (ii) by striking ‘‘Service’’ and insert2 ing ‘‘Department of Homeland Security’’. 

3 SEC. 2. COMPLIANCE WITH PAYGO. 

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

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

6 shall be determined by reference to the latest statement 

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

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Committee on the Budget of the 

10 Senate, provided that such statement has been submitted 

11 prior to the vote on passage. 

Æ 


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