A major change in US immigration rules could leave some foreign nationals facing three- or 10-year bars from returning to the country, even after travelling with official government permission.
The US Board of Immigration Appeals (BIA), which reviews immigration court decisions for the Department of Justice, issued a new ruling on August 13, 2026. The decision overturns a rule that had been followed for more than a decade regarding travel using a document called Advance Parole. This had, until recently, allowed some people with pending immigration applications to travel outside the United States and request re-entry without abandoning their application.
The case, Matter of Delcarmen-Lara, was published by the Executive Office for Immigration Review (EOIR), the Department of Justice agency that oversees the BIA. US Citizenship and Immigration Services (USCIS) later alerted the public about the change through its website and social media channels.
What has changed?
Advance Parole is a travel document, usually issued through Form I-512L, that allows certain non-citizens in the US to travel abroad and seek permission to return without automatically abandoning a pending immigration application.
It is commonly used by people waiting for a green card or asylum decision.
For 14 years, the key rule was based on a 2012 BIA decision called Matter of Arrabally and Yerrabelly. That decision said leaving the US with Advance Parole did not count as a “departure” for the purpose of the unlawful presence bars under Section 212(a)(9)(B)(i) of the Immigration and Nationality Act.
Those bars can stop a person from returning to the US for three or 10 years if they have spent too much time in the country without lawful status before leaving.
The 2012 ruling effectively gave Advance Parole travellers a way to leave the US without triggering those bars. They could travel home to see family, deal with emergencies or attend to business without automatically facing a multi-year ban because of earlier unlawful presence.
The new BIA decision has now removed that protection.
According to USCIS, from August 13, 2026, leaving the US on Advance Parole can count as a “departure” and can trigger the unlawful presence bars.
This means someone who has spent more than six months in the US without lawful status could face a three- or 10-year bar after leaving the country on Advance Parole.
Who could face a three- or 10-year bar?
The impact depends on how long a person was unlawfully present in the US before leaving.
If someone was unlawfully present for more than 180 days but less than one year, leaving the US can lead to a three-year bar on returning.
If the unlawful presence lasted one year or more, the person can face a 10-year bar.
There is also a related rule that can result in a permanent bar in certain cases. Repeated unlawful entries after a person has accumulated more than one year of unlawful presence can trigger the permanent bar.
Many Advance Parole users could be affected
Advance Parole is widely used by people applying to adjust their status inside the US.
This includes people with pending green card and asylum applications. It can also be used by some people covered by programmes such as Deferred Action for Childhood Arrivals (DACA), particularly those who had periods of unlawful presence before receiving protection under the programme.
A person can generally begin accumulating unlawful presence if they stay in the US beyond the period they were legally allowed to remain.
It can also apply if they entered the US without being inspected or admitted.
In some cases, a person can also be found to have violated their immigration status by US Citizenship and Immigration Services (USCIS) or an immigration judge during an immigration benefits application or deportation proceeding.
The ruling will not apply to past travel
The BIA has said the new interpretation will apply only going forward.
This means travel on advance parole that took place before August 13 will not be treated as having triggered the unlawful presence bars under this new ruling.
But for travel from now on, leaving the US on advance parole will be treated as a departure.
USCIS warns people to get legal advice
USCIS has urged people to be cautious before travelling on Advance Parole.
The agency said its alert is only general information and not a substitute for legal advice.
It advised travellers to consult a qualified immigration lawyer or accredited representative before leaving the US.
USCIS also asked people to verify that their immigration adviser is authorised and directed them to its “Avoid Scams” resources.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.