H.R. xx: 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

H.R. xx

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

Sponsor
Rep. Zoe Loefgren

Date
November 16, 2010 (111th Congress, 2nd Session)

Staff Contact
Sarah Makin

Floor Situation

H.R. XXX is expected to be considered on the floor of the House on Monday, November 15, 2010, under a motion to suspend the rules, requiring a two-thirds majority vote for passage.  The legislation was introduced on November 15, 2010 by Rep. Lofgren (D-CA) and referred to the Committee on the Judiciary.

Bill Summary

H.R. XXX would provide an exception for individuals who are participating in overseas deployments from the 90 day filing period requirement and the 90 day review period for certain immigration documentation.

Background

U.S. citizens can sponsor alien spouses for permanent residence with no numerical limitation.  Permanent residents can also sponsor alien spouses for permanent residence, but with a yearly quota.  In both instances, the alien spouse becomes a conditional permanent resident. 

 

After two years, the alien spouse and the U.S. citizen or permanent resident spouse must jointly file a petition with the Department of Homeland Security for the removal of the alien’s conditional status.  The petition must be filed during the 90 day period before the second anniversary of the spouse’s becoming a conditional permanent resident.  Upon the filing of the petition, DHS will interview the spouses in order to look for any possible marriage fraud.  The interview must be conducted within 90 days after the submission of the petition unless DHS waives the deadline for the interview or the requirement for the interview.

 

It would be a disruption to the military for a member of the Armed Forces deployed overseas to have to file a petition and travel back home for a personal interview with DHS.