What is Advance Parole?

• A document from the U.S. government that gives certain immigrants permission to travel outside the U.S. and come back after a short trip.
• People usually apply from inside the U.S. using Form I-131. It is often used by people with DACA, TPS, and a pending green card or asylum application.

What has changed?

• The 3- and 10-year bars make people who leave the U.S. after more than 180 days of unlawful presence ineligible to re-enter or get a green card.
• People who travel on or after August 13, 2026 could now face these bars.

Does this apply to me?

• It will affect you if you plan to use advance parole to travel on or after August 13, 2026, AND you have lived in the U.S. without lawful presence for more than 180 days.
• What counts as unlawful presence? Any time you are in the U.S. without government permission, including if your visa or parole has expired. Some exceptions should be reviewed with an attorney.

What are the 3- and 10-year bars?

• They make a person “inadmissible,” meaning you cannot re-enter or get a green card without a special waiver.
• More than 180 days but less than 1 year of unlawful presence: leaving triggers 3 years of inadmissibility.
• 1 year or more: leaving triggers 10 years of inadmissibility.

What if I traveled on advance parole before August 13, 2026?

The BIA decision is not completely clear, but we believe it should only apply to travel on or after August 13, 2026. We are still waiting to see how the government interprets it for earlier travel. If you or someone you know is outside the U.S. on advance parole right now, talk to an immigration attorney about how to safely re-enter.