INS’s Zero Tolerance Policy

The American Immigration Lawyers Association’s reported on a rise in the level of scrutiny for adjudications of change and adjustment of status applications. Although not formally announced, the INS has instituted a "zero tolerance" policy. This means that if people are out of status, INS adjudicators will no longer be exercising discretion to consider the status violation de minimis and approve the benefit being sought. There is tremendous pressure being brought to bear by the Administration, the Congress, and the INS itself to ensure that the present state of the law is being followed precisely. GT attorneys have reviewed requests from the INS to prove applicant’s continuous status in the U.S. as well as evidence of continued work authorization. In light of these evolving new policies, maintaining status has never been more important for employees and it is important that each application filed by the INS is reviewed for potential issues by competent immigration counsel.

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