On August 13, 2026, the Board of Immigration Appeals issued a decision that may significantly affect certain immigrants who travel outside the United States using Advance Parole.
Under the new decision, traveling on Advance Parole may create serious immigration consequences for individuals who have accumulated significant unlawful presence, including potentially triggering a 3 or 10-year bar to returning to the United States. This is an important change from previous guidance.
What students should know:
Having Advance Parole does not automatically mean it is safe to travel.
If you have any period of unlawful presence or other immigration concerns, traveling could affect your ability to return to or adjust status in the United States.
Before traveling internationally, even if you have DACA and an approved Advanced Parole document, speak with a qualified immigration attorney about your individual situation.
This is a rapidly developing area of immigration law. Do not assume that having an approved Advance Parole document means there is no risk.
One important reminder: An approved Advance Parole document has never been a guarantee that you will be allowed back into the United States. Admission at the port of entry remains discretionary, and Advance Parole does not guarantee you will be let back into the U.S. or eliminate other grounds of inadmissibility.
This post is for general informational purposes only and is not legal advice.
Source: Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026) — August 13, 2026. https://www.justice.gov/eoir/media/1457741/dl?inline
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