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 Nation-
ality 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 sub-
section (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 Gen-
eral’s’’ and inserting ‘‘Secretary’s’’; 
(B) by striking ‘‘Attorney General’’ each place such 
term appears and inserting ‘‘Secretary of Homeland Secu-
rity’’; and
H. R. 398—2 
(C) in subsections (c)(1)(B) and (d)(3), by striking 
‘‘Service’’ and inserting ‘‘Department of Homeland Secu-
rity’’. 
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 state-
ment 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.