‼️Important update for immigrants in the U.S. ‼️Advance Parole no longer guarantees protection from the 3- and 10-year bars‼️
⚠️As of August 13, 2026, USCIS has changed its approach to leaving the U.S. with Advance Parole. A trip abroad using Advance Parole may now be treated as a departure from the U.S. and, in certain cases, could have serious consequences when you try to return.
❓Who does this affect?
those who applied for a green card through Adjustment of Status from within the U.S.
are waiting for a decision on their Adjustment of Status application
are currently or were previously in DACA or TPS status
those with a history of unlawful presence in the U.S.
‼️If you accumulated more than 180 days of unlawful presence before leaving the U.S., your departure could trigger a bar on reentering the country:
• more than 180 days but less than 1 year – up to a 3-year bar
• 1 year or more – up to a 10-year bar
❗️Previously, Advance Parole allowed many people to leave the U.S. without triggering these bars. As of August 13, 2026, you can no longer rely on that approach.
✅The new rules do not apply retroactively. If you traveled on Advance Parole before August 13, 2026, that trip itself will not be reevaluated under the new rules.
‼️If you have ever had a period of unlawful presence in the U.S., don’t decide to travel simply because you have Advance Parole. Before leaving the country, it’s important to review your specific immigration history and understand the potential consequences of trying to return.
✔️I’m Irina Lust, an immigration attorney with 18 years of experience. If you need to obtain Advance Parole or plan to temporarily leave the U.S. using an Advance Parole document you already have, getting legal advice before you travel can help you avoid a serious mistake that could affect your ability to return to the U.S.
To schedule a consultation:
✉️ info@myimmigrationlawyerusa.com
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