08/13/2026
For those awaiting pending advance parole applications or considering applying for advance parole, today the Board of Immigration Appeals overruled their 2012 precedent about whether advance parole travel is a departure that triggers the unlawful presence bars under the Immigration and Nationality Act. New advance parole travel will now trigger those bars! Fortunately, the decision is not retroactive. However, this means that those awaiting advance parole decisions or considering filing need to consult an immigration attorney about their legal options. Those who already completed their advance parole travel but have not yet adjusted status hopefully will still be able to adjust their status based on the legal precedent in place at the time of their previous advance parole travel. Nonetheless, it is strongly recommended that they also consult an immigration attorney prior to filing for adjustment of status.