10/12/2026
Advance Parole just became extremely risky.
On August 13, 2026, the Board of Immigration Appeals overruled 14 years of precedent and held that leaving the U.S. on Advance Parole counts as a “departure.” That matters because a departure is what triggers the 3-year and 10-year unlawful presence bars.
In plain English: if you have accrued unlawful presence, traveling abroad on Advance Parole, even with an approved document, could now trigger a 10-year bar to your green card. And no one knows yet how CBP officers at the airport will apply this decision.
Advance Parole is not dead. If you have no unlawful presence, travel may still be safe. But unlawful presence is more complicated than most people think, and the answer now depends on your specific history.
Before you travel:
If you have Advance Parole and a trip planned, pause. Get your history reviewed first.
If you are about to apply for Advance Parole, get advice before you file.
If you already traveled after August 13, 2026, talk to an attorney now. Waiver options may exist.
Our full article explains what changed, who is affected, and what your options are. Once you leave, the trip cannot be undone.
Read it here:
Advance Parole just became extremely risky.