• Advance Parole Changes
  • Ruling Complicates Immigration Adjustments
  • Travelers Face New Consequences

The Board of Immigration Appeals made a decision that changes the implications of traveling outside the United States using Advance Parole.

The ruling establishes that using this special travel permit will be considered an official exit from the country, according to Telemundo.

Advance Parole Changes After New Immigration Ruling

The change may complicate future status adjustment processes for some immigrants who have accumulated unlawful presence in the United States.

Why it matters: Advance Parole was used by some beneficiaries to travel and subsequently facilitate certain immigration processes.

Now, according to immigration attorneys, that possibility changes for those who have not yet traveled using this permit.

Will Be Considered an Exit from the United States

The impact of the change can be seen in the case of a Bay Area resident who has had DACA for 14 years.

She recently applied for Advance Parole to travel and visit her grandmother.

Attorneys had also recommended this permit, considering a possible future status adjustment.

The possibility would arise when her daughter turns 21 and can file a petition on her behalf.

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However, the new ruling by the Board of Immigration Appeals modifies the consequences of using this permit.

The Board established that Advance Parole will be considered an exit from the country, unlike what had been happening.

The implication particularly affects people who have accumulated unlawful presence within the United States.

“Now, paroles will no longer be able to remedy their unlawful presence,” said Ángel Rodríguez, an immigration attorney.

The attorney explained that the change can also affect subsequent status adjustment processes.

“That also means that these individuals will no longer be able to make adjustments after those paroles,” Rodríguez noted.

He added that this procedure was used “as typically done for people who had this benefit.”

What Happens to Those Who Already Traveled with Advance Parole?

One of the main questions after the decision was announced is what will happen to those who already used Advance Parole.

According to Rodríguez, individuals who benefited from the mechanism before August 13 will maintain that protection.

“All those who were able to benefit before today, August 13, will continue to be protected,” the attorney explained.

The situation will be different for those who want to apply for the permit after that date.

It also affects those with pending processes who have not yet obtained Advance Parole.

Rodríguez noted that the change equally affects those who have not yet re-entered the country using that permit.

“This will no longer cure that problem,” the attorney said about the accumulated unlawful presence.

The distinction between those who already used the benefit and those with pending applications will be key under the new decision.

Authorities Explain the Consequences of the New Ruling

An immigration spokesperson indicated that the decision confirms how an exit from the United States should be interpreted under immigration laws.

“Today’s decision confirms a direct principle: leaving the United States means leaving the United States,” the spokesperson said.

The spokesperson added that the immigration laws approved by Congress establish consequences related to accumulated unlawful presence.

These consequences appear when a person leaves the United States and subsequently seeks admission to the country again.

This will occur even when the exit is made using Advance Parole, according to the explanation provided.

“The immigration laws enacted by Congress impose consequences when someone who has accumulated unlawful presence leaves the country,” the spokesperson indicated.

The statement adds that these consequences also apply when the person later “seeks admission, even when that exit occurs under Advance Parole”.

The ruling represents a significant change for those who considered this permit as part of a future strategy to adjust their immigration status.