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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Advance Parole has long allowed certain immigrants to travel internationally while a green card or other immigration application is pending. However, recent policy clarifications and enforcement trends have changed how these documents are treated at ports of entry and during ongoing case review. In 2026, applicants must be far more careful about when, how, and whether they rely on Advance Parole to travel.

Understanding the current rules can help applicants avoid unexpected complications, delays, or denials upon return to the United States.

New Rules Regarding the Use of Advance

What Advance Parole Does and Does Not Do

Advance Parole permits reentry to the United States after temporary travel abroad, but it does not guarantee admission. It does not erase prior immigration violations, cure inadmissibility issues, or override the discretionary authority of border officers.

Applicants should understand that Advance Parole:

  • Allows an applicant to request reentry while an application is pending.
  • Does not replace a visa or lawful status.
  • Does not prevent questioning or secondary inspection.
  • Does not guarantee admission in every circumstance.

Many travelers mistakenly assume that possession of an Advance Parole document eliminates risk. That assumption can be costly.

How the Rules Have Shifted in Practice

Although Advance Parole regulations have not been eliminated, enforcement has become more precise. Officers are paying closer attention to the underlying application, travel history, and any prior immigration or criminal issues when reviewing travelers returning on Advance Parole.

Applicants may face increased scrutiny if they have:

  • Prior overstays or unauthorized employment.
  • Pending Requests for Evidence or Notices of Intent to Deny.
  • Prior removal, misrepresentation, or entry issues.
  • Criminal history, even if the case was resolved.

Travel that once seemed routine may now trigger additional questioning or delays.

When Advance Parole Travel Can Create Problems

Certain situations make Advance Parole travel particularly risky.

Applicants should avoid international travel if any of the following apply:

  • A pending adjustment of status application involves unresolved admissibility concerns.
  • A waiver request has not yet been approved.
  • A previous departure could trigger unlawful presence consequences.
  • The underlying application may be denied while the applicant is abroad.

If an application is denied while the applicant is outside the United States, Advance Parole becomes invalid immediately, and reentry may be barred.

Impact on Adjustment of Status Applications

Advance Parole is most commonly used by applicants pursuing an adjustment of status. However, travel can still affect the application itself.

Issues that may arise include:

  • Delays caused by extended time abroad.
  • Requests for additional evidence following reentry.
  • Questions about the abandonment of the application.
  • Reassessment of eligibility based on travel patterns.

Applicants must carefully coordinate travel timing with the status of their pending case.

Advance Parole and Discretion at the Border

Border officers retain discretion when reviewing travelers using Advance Parole.

Even with valid documentation, officers may:

  • Ask detailed questions about the pending application.
  • Review the applicant’s full immigration history.
  • Refer the traveler to secondary inspection.
  • Deny entry if admissibility concerns arise.

Preparation matters. Travelers should understand what documents to carry and how to respond accurately and consistently.

Why Legal Guidance Matters Before Traveling

Advance Parole decisions should never be made casually. A legal review can identify risks that are not obvious to applicants.

Our immigration attorney can help by:

  • Evaluating whether travel is safe based on your history.
  • Advising on timing and duration of travel.
  • Preparing you for port-of-entry questioning.
  • Assessing how travel could affect your pending case.

In many cases, waiting is safer than traveling.

Speak With Kasturi Law Before Using Advance Parole

If you are considering international travel using Advance Parole or have questions about how recent changes may affect your case, Kasturi Law can help you make an informed decision. Our Chicago immigration attorney, Shobhana Kasturi, works with clients throughout Illinois, including Arlington Heights, Aurora, Champaign, Naperville, Schaumburg, and surrounding cities, to assess travel risks and protect pending applications.

Consultations are available in person, by phone, or via Zoom, and you can schedule directly through our online calendar, choosing either a 30-minute or 60-minute consultation.

To avoid unexpected consequences and travel with confidence, contact Kasturi Law to schedule a consultation that fits your needs.