Thinking About Traveling on an Advance Parole? Read This First.
Advance Parole can feel like a long-awaited dream come true on your path to permanent residency. After months—or years—of being stuck in the U.S., the idea of finally traveling is exciting. But here’s the hard truth: Advance Parole always came with the risk of not being allowed to reenter the United States, and those risks increase exponentially under the current immigration climate.
The Hidden Risk Most People Don’t Talk About
If you travel on Advance Parole and are later placed in Deportation (Removal Proceedings) before the Immigration Court, you will be classified as an “arriving alien.” Notably, that classification carries significant real-world consequences.
If you are classified as an arriving alien, you will be:
- Ineligible for a bond
- Unable to request voluntary departure
- Subjected to mandatory detention
This can happen even if you have pending applications, such as:
- A VAWA petition
- Adjustment of status (I-485) application
- Application for asylum (I-589)
- Even a valid work permit (EAD).
Importantly, none of those filings automatically protects you from detention once you are classified as an arriving alien.
Why This Happens
Returning to the United States using an advance parole is not considered a lawful admission into the United States. Accordingly, when you return, you are technically being paroled into the country. Therefore, under immigration law, a parole status is exactly what can cause someone to be classified as an arriving alien later on.
In plain terms:
What appears to be a routine return trip can quietly strip away important legal protections.
Real Consequences, Real People
People who have later received Notices to Appear after traveling on Advance Parole, likely after the denial of a petition, or even applicants with pending cases that are detained during a routine ICE operation, or after being arrested. Thus, once detained as an arriving alien, options quickly become limited. No bond and ineligible for voluntary departure.
For many, the shock isn’t just the detention—it’s realizing that a short trip ended access to critical relief they would have otherwise been eligible for because of their prior lawful manner of entry.
The Bottom Line
Advance Parole can be useful, but in today’s immigration climate, it comes with serious risks.
Before traveling, talk to an immigration attorney who understands how Advance Parole, detention rules, and arriving-alien classifications work in today’s enforcement climate. A quick consultation can prevent a decision that could lead to prolonged detention in ICE custody.
Sometimes the safest move is not traveling at all.
This blog post is for informational purposes only and does not provide legal advice. Reading this article does not create an attorney-client relationship. Immigration laws and policies change frequently, and outcomes depend on individual facts. Consult a qualified immigration attorney for guidance specific to your situation. http://tyrese.esq
Dr. Tyrese Cruise, Esq, is the founder of and Managing Attorney at Cruise Law Group, and he has authorized the publication of this blog entry to provide general information about an important immigration issue. If you have additional questions, please visit Cruise Law Group’s main website at: https://www.cruise.law
