In this video, immigration attorney Lorena Rivas explains a recent Board of Immigration Appeals (BIA) decision that overturns a long‑standing rule protecting travelers on advance parole. Previously, leaving the U.S. on advance parole did not count as a departure and therefore did not trigger the 3‑year or 10‑year unlawful‑presence bars. The BIA now rules that any future travel on advance parole is treated as a departure, so if the traveler has accrued unlawful presence, the bars can be triggered, making the person inadmissible and jeopardizing future adjustment of status. The decision is prospective only—past trips remain protected—but anyone who has an unused advance parole document, or is planning to apply for one, must reassess the risk. The change primarily impacts DACA recipients, TPS holders, individuals with pending immigration applications, and anyone planning to travel for work, school, or family. Rivas urges viewers to consult an immigration attorney before using or applying for advance parole, emphasizing the new risk calculation.
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There's big immigration news today, and if you or someone you love has ever traveled on advance parole, this can affect you and this applies to you. Today, an appellate immigration court, the Board of Immigration Appeals, who is over the appeals that are issued by immigration courts, changed the rule that's been in place for over 10 years. And that old rule said that if you left the country on advance parole and came back, That trip wouldn't be used against you, and it wouldn't cause you to have any immigration bars. But as of today, that rule no longer automatically applies for future trips. Now, here's the part that matters most. This new rule only applies going forward. If you already traveled on Advance Parole and came back last year, last month, even yesterday, that trip is still protected under the old rule. You don't need to panic. And you don't need to worry about talking to an immigration attorney about how you're affected. But if you have an advance parole document that you haven't used and you are thinking about using it, or you're thinking about applying for one, you need to talk to your immigration attorney because the risk calculation has changed and your case needs to be looked at. This affects people with pending applications, DACA recipients, a TPS, or anyone who plans to use their advance parole to travel for work, school, or family. Now, what it does is, in the past, if you traveled on this advance parole and left the country, you weren't considered as departing the country. You were protected. This departure did not trigger any bars, including the 10-year bar or the 3-year bar. But now, the Board of Immigration Appeals, the BIA, has said that even if you travel on advance parole, even if you reenter on advance parole, you have triggered a departure and you could trigger a bar. And these bars apply if you have gained or have accumulated unlawful presence here in the United States. If you have been here without any status or if you overstayed your visa and left the country, even with this Advance Parole document approval, even if you're given a lawful entry, you could still trigger this bar, which will now make you inadmissible and make things really difficult for you to be able to adjust your status and gain lawful status, legal permanent resident status here in the country. So if this applies to you or someone or your family, you need to talk to your attorney before using your advance parole documents, before even thinking about leaving the country, even though you have this approval, because things have changed. And even if you have traveled in the past without any issues, this now can affect you thanks to this Board of Immigration Appeals decision that was released today. So please, please, please talk to someone, an attorney, before you decide to use your advance parole, because the rule has now changed.
