“Could face a ban”: US warns immigrants before they travel
This story has significance for readers across Kenya and beyond.
- A new BIA ruling issued on August 13, 2026, has changed how departures using Advance Parole are treated under US immigration law
- USCIS confirmed that immigrants with more than 180 days of unlawful presence could now face a multi-year bar when attempting to return to the US
- The decision overturned a 2012 precedent that had provided protections for Advance Parole travellers for more than a decade
The United States Citizenship and Immigration Services (USCIS) has issued a critical alert regarding the implications of the latest ruling on Advance Parole for immigrants.
A decision from the Board of Immigration Appeals (BIA), delivered on 13 August 2026, now imposes multi-year re-entry bans on immigrants who depart the US after having more than 180 days of unlawful presence.
What the ruling entails
This ruling, officially named Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), effectively reverses a long-standing precedent set by Matter of Arrabally and Yerrabelly in 2012 that had previously protected certain groups of immigrants from inadmissibility bars when travelling with Advance Parole.
Under the new guidelines, departing the United States while holding a valid Advance Parole Document (Form I-512L) is now classified as a formal "departure" under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). Previously, such a departure did not activate unlawful presence bars.
As a direct consequence, any immigrant who has accrued over 180 days of unlawful presence in the US and then departs on Advance Parole is at risk of being barred from re-entry.
Those with between 181 days and under one year of unlawful presence will face a three-year bar, while those exceeding one year could encounter a ten-year bar if they seek admission within the stipulated statutory period after leaving.
Who is affected
This change significantly impacts immigrants currently in possession of Advance Parole documents who are contemplating international travel, especially those with ongoing adjustment of status applications.
Unlawful presence, as defined by US immigration law, includes any duration spent in the US without proper admission or parole, or once an authorized stay has lapsed.
The USCIS has cautioned that the process of determining inadmissibility due to unlawful presence is intricate and advising those affected to seek legal counsel before undertaking any travel plans.
The agency reiterated this on its official Facebook page on 20 August 2026, urging individuals holding Advance Parole to carefully assess their immigration status prior to leaving the country.
New U.S. Immigration rule puts Kenyans at risk of 10-year travel ban
TUKO.co.ke reported that a new US immigration ruling has changed how Advance Parole travel is treated for immigrants.
The decision means some people with unlawful presence in the US could face three- or 10-year re-entry bars after travelling abroad.
The ruling overturned a 2012 precedent that had protected certain Advance Parole travellers from triggering unlawful-presence bars.
Immigration lawyers have urged affected immigrants to seek legal advice before travelling outside the US.
Source: TUKO.co.ke
Reporting originally appeared via TUKO. Read the full source for additional context.