New rule could ban migrants with pending status from U.S. for 10 years

A significant shift in U.S. immigration policy could bar migrants with pending status adjustments from re-entering the country for up to 10 years. The Immigration Appeals Board (BIA) issued a decision on August 13, 2026, reversing a prior interpretation of Advance Parole.

Previously, migrants could travel abroad using Advance Parole without it being considered an "entry" into the U.S. This meant they could later adjust their status without triggering re-entry bans associated with unlawful presence. The BIA's new ruling, however, states that any travel under Advance Parole now activates these prohibitions for individuals who accumulated unlawful presence before obtaining their current status.

This change has far-reaching implications, particularly for recipients of Temporary Protected Status (TPS) and those who arrived in the U.S. as children (DACA recipients) with pending residency applications. While the ruling maintains exceptions for those adjusting status under the Nicaraguan Adjustment and Central American Relief Act (Nacara), many others now face the difficult prospect of being unable to return to the U.S. if they travel, potentially jeopardizing their immigration cases.

The decision underscores the precariousness of immigration policy and the significant impact that administrative rulings can have on the lives of millions seeking stability in the United States. Migrants are advised to carefully assess their travel plans and consult with immigration experts before making any decisions.