2 weeks ago

US reverses immigration rule; Advance Parole travel now triggers bars

US reverses immigration rule; Advance Parole travel now triggers bars
US reverses 14-year-old immigration rule: Travel abroad could now trigger 3- or 10-year bar · financialexpress.com

Many people waiting for permission to stay in the United States use a special travel document called Advance Parole.

It lets them leave the country for a trip and come back while their immigration application is still being reviewed.

For 14 years, the rules said that using this document to travel did not count as 'leaving' the United States in a way that would punish them.

A new decision made on August 13, 2026, changed that.

Now, traveling with Advance Parole can count as leaving the country.

If someone stayed in the US without permission for more than six months before leaving, they might be barred from returning for three years.

If they stayed without permission for a year or more, the bar can last ten years.

The new rule only applies to trips taken on or after August 13, 2026, so earlier trips are not affected.

Government officials say people should talk to an immigration lawyer before planning any trip.

This could affect many people waiting for green cards, asylum, or DACA protection.

Key facts

Ruling date
August 13, 2026
Case name
Matter of Delcarmen-Lara
Overturned decision
Matter of Arrabally and Yerrabelly (2012)
Affected document
Advance Parole (Form I-512L)
Three-year bar
Unlawful presence of more than 180 days but less than one year
Ten-year bar
Unlawful presence of one year or more
Applicability
Travel on or after August 13, 2026 only
Issuing agencies
BIA, EOIR, USCIS

Quotes

United States Citizenship and Immigration Services (USCIS)

U.S. federal agency administering immigration benefits

“"This means someone who has spent more than six months in the US without lawful status could face a three‑ or 10‑year bar after leaving the country on Advance Parole."”
financialexpress.com
“"Leaving the US on Advance Parole can count as a ‘departure’ and can trigger the unlawful presence bars."”
financialexpress.com

Sources

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