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Obama Signs Toll for Active-duty Military Abroad

Cite as "AILA InfoNet Doc. No. 11112381 (posted Nov. 23, 2011)"

On 11/23/11, President Obama signed H.R. 398 (Lofgren D-CA), a measure that would allow the 90-day periods for an alien/petitioning spouse to file for removal of conditional basis for permanent resident status and appear an interview to toll while the alien/petitioning spouse is serving abroad in active-duty status in the U.S. Armed Forces.

The petition may be filed at any time during active-duty service after the commencement of the 90-day petition period, and the tolling of the 90-day interview period does not prohibit the Secretary of Homeland Security from waiving the interview requirement.

Text of Public Law 112-38

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