Advance Parole Has Changed: What Does This Mean for You?
A major change in immigration law will affect people who travel outside the United States using Advance Parole.
On August 13, 2026, the Board of Immigration Appeals issued Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026), overturning a longstanding rule concerning travel on Advance Parole.
If you hold Advance Parole, or you are considering applying for it so that you can travel abroad, this decision changes the calculation you need to make before you leave the country. Below are the questions clients are asking most.
Question
What Does This Mean in Practical Terms?
If you leave the United States on Advance Parole, your departure can now have immigration consequences that it did not have under the previous rule.
Question
Does Having an Approved Advance Parole Document Mean It Is Safe to Travel?
No. Advance Parole allows you to request parole when you return to the United States. It does not automatically protect you from the immigration consequences of leaving the country.
An approved Advance Parole document is permission to seek re-entry — it is not a guarantee that your departure and return will be treated the way you may expect based on past practice.
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What About People Who Have Already Traveled on Advance Parole?
The important point is that the BIA made this new rule prospective, not retroactive. The new interpretation applies going forward and does not retroactively turn past Advance Parole travel into a departure under this new rule.
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Does This Mean Everyone Who Travels on Advance Parole Will Have an Immigration Problem?
No. The consequences depend on each person's individual immigration history and circumstances.
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What if I Already Have Advance Parole and Was Planning to Travel?
Do not assume that because your Advance Parole has been approved, your trip is risk-free. If you have ever been out of status or may have accumulated unlawful presence, your situation should be reviewed before you leave the United States.
Every case is different. A short consultation before you travel can identify whether your specific immigration history puts you at risk under this new rule — and whether there are steps you should take first.
For many years, Advance Parole travel was an important part of certain immigration strategies. That has now changed.
"If you are considering international travel on Advance Parole, get legal advice before you leave the United States."
This decision is a reminder that immigration law can shift quickly, and that yesterday's safe strategy is not always today's. If you are planning to travel — or have questions about how this decision affects a case already in progress — do not wait until you are at the airport to ask.
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