On August 13, 2026, the U.S. immigration appeals court (the Board of Immigration Appeals or “BIA”) changed the consequences of traveling on “advance parole.” If you are thinking about traveling outside the U.S. on “advance parole” and you have been in the U.S. without permission for more than 180 days, now or in the past, this case will affect you. We recommend you consult Immigration Lawyer Gail S. Seeram before traveling.
What changed? The 3- and 10-year bars make people who leave the U.S. and have more than 180 days of unlawful presence in the U.S. ineligible to re-enter the U.S. or get a green card. Before, leaving and coming back to the U.S. on “advance parole” did not trigger these bars. But people who travel outside the U.S. on or after August 13, 2026 could now face these bars.
Will this change impact me? This case will affect you if you are thinking about using “advance parole” to travel outside the U.S. on or after August 13, 2026, and if you have lived in the U.S. without lawful presence for more than 180 days.
What are the 3- and 10-year bars? These bars make a person “inadmissible” to the U.S. Being “inadmissible” means you cannot re-enter the U.S. or get a green card without a special waiver.
- If you have more than 180 days but less than 1 year of unlawful presence in the U.S., leaving the U.S. triggers 3 years of inadmissibility (the 3-year bar).
- If you have 1 year or more of unlawful presence in the U.S., leaving the U.S. triggers 10 years of inadmissibility (the 10-year bar).
Before this BIA decision, people with unlawful presence could travel outside of the U.S. on “advance parole” without triggering the 3- and 10-year bars. Now, traveling on or after August 13, 2026, on “advance parole” can trigger these bars unless you have a waiver.
Waivers are only available to people who can prove the bar will cause extreme hardship to their U.S. citizen (or green card holding) relative. The Department of Homeland Security decides who gets waivers.
What is “advance parole”? “Advance parole” is a document from the U.S. government that gives certain immigrants permission to travel outside the U.S. and come back after a short trip. People usually apply for “advance parole” from inside the U.S. using the Form I-131. “Advance parole” is often used by people with Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), and people with a pending green card or asylum application.
What counts as “unlawful presence”? The government says “unlawful presence” is any time you are in the U.S. without permission from the government, including if your visa or parole has expired.
There are some exceptions and an attorney can help determine if they apply to your case:
- Time you were in the U.S. before you turned 18 doesn’t count as “unlawful presence.”
- If you have DACA, TPS, or Family Unity protection, that time does not count as “unlawful presence.”
- Time when you have a pending asylum application or pending family petition for an asylee or refugee does not count as “unlawful presence.”
- Time when you have an application pending for TPS or adjustment of status (a green card) does not count as “unlawful presence.”
- Some survivors of domestic violence and trafficking do not have “unlawful presence” if their abuse was connected to their unlawful presence.
What if I am trying to get a green card and traveled on “advance parole” before? The BIA decision is not completely clear, but we believe the decision should only apply to people who travel on or after August 13, 2026. If you traveled before August 13, 2026, the government should not apply this decision to you, but we are still waiting to see how the government interprets the decision for travel before that date. If you or someone you know is outside the United States on “advance parole” right now, talk to an immigration attorney about how to safely reenter.
Orlando Immigration Lawyer Gail Seeram encourages anyone planning to travel on “advance parole” to consult with our office about the possible risks. If you have a deportation order in your past, traveling outside the U.S. has more risks, and you should consult an immigration attorney. Traveling within and outside the United States can be risky for all non-citizens. We recommend consulting an attorney before traveling and having a plan ready if you experience any issues when you come back.
For more information on Traveling on Advance Parole,
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