Advance Parole RFEs Issued in Error
Posted Nov 21, 2003

In late September and early November 2003, the Vermont Service Center (VSC) issued some incorrect Requests for Evidence (RFEs) concerning Applications for Advance Parole (I-131) filed in connection with pending I-485s or adjustment applications. The RFEs request proof that there are "emergent personal or bona fide business reasons" justifying the need to travel. While these standards were applied many years ago, they have long since been replaced with a far more lenient standard in employment-based cases. The current standard only requires a "bona fide business or personal reason." Almost anything, from a vacation to a business meeting, is sufficient.

The American Immigration Lawyers Association (AILA) has discussed the matter with the VSC, and reminded them of a 1992 Memo setting forth a clarification of the meaning of "bona fide business or personal reason." The Memo specifies that there is no need for emergent or extreme need to travel. “Travel for any reason that is not contrary to law or pubic policy" is permissible under advance parole, according to the Memo.

The VSC confirmed that the RFEs were issued in error. They do not have a way to locate the specific cases and retract the RFEs, however. A response is therefore required. The proper response for anyone in receipt of this type of RFE, according to the information we received, is to state something to the effect: “According to the Paul Virtue memo, dated August 15, 1997, and the James Puleo Memos of April 20, 1995 and July 06, 1992, a response to this RFE is no longer needed.”

We hope that any MurthyBulletin and MurthyDotCom readers who received this RFE will be able to quickly respond, as indicated, with the help of his/her lawyer and obtain the Advance Parole in time for any planned travel over the holidays. We would urge the VSC to make efforts to move forward quickly on any cases that may have been delayed due to the government's error.