A new decision by the Board of Immigration Appeals (BIA), the U.S. Justice Department’s immigration appeals board, could make it more difficult for some immigrants to obtain permanent legal residency after traveling abroad with advance parole.
The BIA overturned a 2012 decision that had protected certain immigrants who left the United States temporarily using advance parole, a travel document issued to people with pending immigration applications.
Under the new interpretation, leaving the country with advance parole can count as a “departure” for purposes of the unlawful-presence rules. For some immigrants who have accumulated at least one year of unlawful presence, that departure could trigger a 10-year bar on returning to the United States.
The decision could particularly affect DACA recipients and other immigrants who have relied on advance parole while pursuing permanent residency.
However, the ruling does not mean that everyone who travels with advance parole will automatically receive a 10-year ban. The consequences depend on each person’s immigration history and circumstances.
