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 perma-
nent 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 re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee 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, dur-
ing 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 Representa-
tives of the United States of America in Congress assembled, 
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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 sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) SERVICE IN ARMED FORCES.— 
‘‘(1) FILING PETITION.—The 90-day period de-
scribed in subsection (d)(2)(A) shall be tolled during 
any period of time in which the alien spouse or peti-
tioning 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 pe-
riod 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 
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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 sen-
tence of subsection (d)(3).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 216(a)(1) of the Im-
migration 
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 Immi-
gration and Nationality Act (8 U.S.C. 1186a) is 
amended— 
(A) in subsection (d)(3), by striking ‘‘At-
torney General’s’’ and inserting ‘‘Secretary’s’’; 
(B) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) in subsections (c)(1)(B) and (d)(3), by 
striking ‘‘Service’’ and inserting ‘‘Department 
of Homeland Security’’. 
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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. 
Æ 
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