New BIA Decision (August 13, 2026)
The Board of Immigration Appeals (BIA) issued a decision on August 13, 2026 that makes foreign travel on Advance Parole significantly more risky: travel abroad is now considered departure from the United States, triggering a 3-year or 10-year entry ban.
This is not a minor change. Previously, many green card applicants used Advance Parole to travel abroad without worrying about being considered as "departing" their application. That is no longer safe.
Who Is Affected
This trap primarily affects people who:
- Are waiting for their I-485 (Adjustment of Status) application to be processed for a green card
- Have been granted Advance Parole (temporary travel authorization)
- Plan to travel home or abroad while waiting for a decision
If you travel abroad on Advance Parole and are considered to have "departed" the United States, you will trigger the "unlawful presence" rule. This results in:
- A 3-year entry ban (if unlawfully present for 180 days to 1 year)
- A 10-year entry ban (if unlawfully present for more than 1 year)
Even if you are subsequently granted a green card, you will still be subject to this entry ban when you leave the United States.
What You Need to Know
This decision applies to people with pending green card applications. If you are in this situation, consult an immigration attorney before traveling, even with Advance Parole in hand.
Some people may be eligible for waivers, but this depends on your specific circumstances. Do not make this decision on your own.
Safer Alternatives
If you need to leave the United States while waiting for your green card:
- Apply for Advance Parole + Reentry Permit: A Reentry Permit allows you to depart the United States without being considered as abandoning your application. However, you must file it at the same time as your I-485.
- Avoid travel: If possible, wait until your green card is approved.
- Consult an immigration attorney: Every case is different. An attorney can help you understand your specific risks.
This BIA decision is part of a broader trend toward stricter immigration enforcement in 2026. If you were unaware of this rule, that is understandable—but now that you know, proceed with caution.