Have Advance Parole? Why You Should Check Before Traveling Outside the United States

Many people with a pending Green Card application receive an Advance Parole document and assume that means they can safely travel outside the United States.

A significant new immigration decision in 2026 makes it especially important to review your immigration history before you travel.

In August 2026, the Board of Immigration Appeals issued Matter of Delcarmen-Lara, holding that traveling outside the United States with Advance Parole can count as a “departure” for purposes of the three-year and ten-year unlawful presence bars. The decision overturned an earlier rule that had protected certain Advance Parole travelers from triggering those bars.

This can be extremely important for someone who accumulated more than 180 days of unlawful presence before receiving Advance Parole. Depending on the person's immigration history, leaving the United States could create an inadmissibility problem that did not exist before the trip.

Advance Parole also does not guarantee that you will be allowed back into the United States. A person using Advance Parole is inspected when returning, and Customs and Border Protection makes the decision whether to parole the traveler into the country.

The lesson is simple: having an approved Advance Parole document does not necessarily mean that traveling is legally safe for you.

Before making international travel plans, particularly if you have ever overstayed a visa, entered without inspection, had prior immigration problems or spent time in the United States without lawful status, have your immigration history reviewed first.

A vacation or family trip should not unexpectedly create a serious immigration problem. Check before you travel.