If you have a green card application or another immigration case pending and you are thinking about traveling abroad this year, please read this page before you book a ticket. An important rule about advance parole changed on August 13, 2026, and it may affect you even if you traveled safely on advance parole in the past.
What is advance parole?
Advance parole is a travel document that USCIS issues on Form I-512L after approving a Form I-131 application. It is most often used by people with a pending Form I-485 (adjustment of status) or a pending asylum application.
According to USCIS, if you leave the U.S. while your I-485 is pending without first getting advance parole, USCIS will generally deny your case, apart from a narrow exception for certain nonimmigrant statuses. Asylum applicants who leave without advance parole are generally treated as having abandoned their application.
Advance parole lets an airline board you for the trip back, but it is not a promise that you will be let back in. As USCIS explains, a U.S. Customs and Border Protection officer makes the final decision at the port of entry.
Many applicants receive advance parole on a "combo card", which also serves as their work permit. Holding a combo card does not by itself mean a trip is safe.
What changed on August 13, 2026
On August 13, 2026, the Board of Immigration Appeals decided Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The decision overruled a 2012 case, Matter of Arrabally and Yerrabelly. For years, Arrabally meant that leaving the U.S. on advance parole generally was not a "departure" for the unlawful presence bars.
USCIS now posts this alert on its Form I-131 page:
"As of Aug. 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA)."
USCIS adds that people considering a trip on advance parole "should be aware that they may be inadmissible under section 212(a)(9)(B)(i) of the INA upon their return to the United States if they have accrued more than 180 days of unlawful presence."
You can read the alert on the USCIS Form I-131 page and the USCIS Travel Documents page. The Board's decision is published by the Executive Office for Immigration Review.
Who may be affected
The alert is aimed at people who have spent more than 180 days in the U.S. without lawful status at some point. Under the law, being inadmissible for unlawful presence can mean a waiting period of 3 or 10 years. People who may need to look closely at their history include:
- Adjustment of status applicants who overstayed a visa or fell out of status before filing
- People who entered the U.S. without inspection and later became eligible to adjust
- People with a past removal order, or with prior periods of unlawful presence
- Anyone unsure whether their past time in the U.S. counts as unlawful presence
Whether time counts as unlawful presence depends on your specific history, and the rules have many exceptions. This page cannot answer that question for you.
Before you plan holiday travel
- Do not book travel first. Talk to an immigration attorney before you buy tickets or make plans that are hard to cancel.
- Gather your records. Collect your I-94 history, past visas, approval notices, your advance parole document and any prior immigration court papers.
- Ask about your options. For some people, the safest choice is not to travel until the case is decided.
- Plan for emergencies. USCIS has separate procedures for urgent travel, but they are subject to the same rules.
Frequently asked questions
I traveled on advance parole before and had no problems. Can I travel again now?
Not necessarily. The rule USCIS applies changed on August 13, 2026. A trip that raised no issue before that date could be treated differently now. Please have your history reviewed before any new trip.
I have a combo card. Does that mean I can travel?
A combo card includes advance parole, but it does not remove the unlawful presence risk and it is not a promise of re-entry.
Does this affect me if I have always been in lawful status?
The USCIS alert concerns people with more than 180 days of unlawful presence. If you are unsure whether any of your past time counts, speak with an attorney before traveling.
What if I have TPS or a pending TPS application?
TPS travel has its own documents and rules. Please talk with an attorney about your situation before making plans.
What if I have a family emergency abroad?
Contact an attorney as soon as possible. Emergency travel can still have serious immigration consequences, and it is better to understand them before you leave.
Talk to Joya Law before you travel
If you have a pending immigration case and are thinking about traveling abroad, schedule a consultation with a Joya Law attorney. We can review your immigration history and explain the risks that may apply to you before you make plans.
This page provides general information about a recent change in immigration law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and the outcome of any matter depends on its own facts. Kamran Joya is licensed in New York. His California practice is limited to federal immigration law.
