AILA 2002 Conference Report : Vermont Service Center Update
Posted Jun 28, 2002

The INS Service Center updates session of the American Immigration Lawyers Association (AILA) June 2002 annual conference provided insight into a number of important matters and significant correction and retraction regarding the previously announced "zero tolerance" policy. This Report should provide MurthyBulletin and MurthyDotCom readers with some clarity on many Service Center issues, including the question which is always on everyone's mind - why is my case taking so long?

No "Zero Tolerance" Policy

One of the major, and positive, clarifications was made by Paul Novak, Director, Vermont Service Center (VSC) regarding the fact that the VSC does not have a “zero tolerance” policy regarding petitions for changes / extensions of status filed by persons who were not in status at the time of filing. We reported on this “policy” based on AILA’s release of, what now appears to be, erroneous information. As a result of VSC's retraction, our May 10, 2002 article, Zero Tolerance Policy for Those Out of Status, has been removed from MurthyDotCom. This release was also covered by various other immigration news sources.

Director Novak specifically stated that there is not and has never been an internal policy to limit the discretion of the examiners in this matter. He said that, while current events may have an impact on the examiners' decisions, the events have not taken away the examiners' discretion regarding whether to grant extensions of stay / change of status for those persons who have fallen out of status briefly. He said that a clarification on the matter was forthcoming.