The headquarters of the Immigration and Naturalization Service has found it necessary to issue a second memorandum reconfirming the rules for issuing advance parole documents to those with permanent residency applications pending at local INS office. The first memo, dated April 20, 1995 stated that any alien who has properly filed a valid application for adjustment of status and who is seeking to depart temporarily for any legitimate personal or business reason shall be approved on such an application. The INS headquarters new memo goes further to state that “Once Form I-485 has been reviewed for filing eligibility, the adjudicating officer should make no further inquiry into the reasons for travel except as might relate to possible illegality.” Furthermore, the new memorandum states that the advance parole should be granted for a length of time that corresponds with the expected time necessary to complete processing on the application. And the parole documents should be issued with multiple entry validity. The new memorandum, signed by Paul Virtue, Executive Associate Commissioner of the INS, apparently is a response to the growing number of complaints that certain local INS offices were ignoring the 1995 memorandum and continuing to require parole applicants to show emergency reasons for traveling.
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