CBP Warns Noncitizens of Travel Risks Due to Immigration Law Changes; Re-Entry Could Be Barred

The U.S. Customs and Border Protection (CBP) has issued a warning regarding the risks for noncitizens, including refugees and asylees, who travel abroad without proper documentation due to recent changes in U.S. immigration law. These changes could have severe consequences for individuals in the process of adjusting their immigration status or applying for an immigrant visa.

According to a recently published article by the CBP, noncitizens who leave the United States without obtaining Advance Parole may face significant hurdles upon their return, including being deemed inadmissible, having their pending applications denied, or both. To avoid these outcomes, noncitizens with pending applications for certain immigration benefits must secure Advance Parole before traveling internationally.

In the article, the CBP states, “Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the United States. Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the United States after traveling abroad.”

Advance Parole, a critical travel document issued by U.S. Citizenship and Immigration Services (USCIS), permits certain noncitizens to re-enter the U.S. after temporary travel abroad without jeopardizing their ongoing immigration processes. The CBP specifies that Advance Parole is required for noncitizens who have filed an application for adjustment of status but have not yet received a decision, refugees or asylees planning temporary travel (including those applying for a U.S. immigrant visa in Canada), and individuals with emergent personal or bona fide reasons to travel abroad.

However, certain groups are exempt from this requirement, including H-1B (Specialty Worker) or L-1 (Intracompany Transferee) visa holders and their dependents, as well as V and K-3/4 nonimmigrants, provided they maintain valid visas and status while holding a pending adjustment of status application.

“Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment,” the CBP emphasizes.

Traveling without Advance Parole can have dire consequences, particularly for those with pending adjustment of status applications. The CBP warns that leaving the U.S. without this document may result in the automatic termination of an individual’s application. Upon attempting to re-enter, noncitizens risk being found inadmissible by CBP officers, which could derail their immigration goals entirely.

Additionally, Advance Parole is not available to everyone. Noncitizens residing in the U.S. unlawfully or exchange visitors subject to a foreign residence requirement (e.g., J-1 visa holders) are ineligible to apply for this document, further complicating their ability to travel without jeopardizing their status.

To obtain Advance Parole, most applicants must file Form I-131 (Application for Travel Document) with USCIS, following the instructions provided on the USCIS website. However, specific groups, such as beneficiaries of a Private Bill or those under deportation proceedings, must submit their applications to the Department of Homeland Security’s Parole and Humanitarian Assistance Branch at 425 I Street, NW, Washington, DC 20536. The CBP urges applicants to plan ahead, as processing times can vary, and Advance Parole must be approved before departure.

Importantly, even with Advance Parole, re-entry to the U.S. is not guaranteed. Noncitizens are subject to a thorough inspection by CBP officers at the port of entry, who have the authority to make the final decision on admissibility. The CBP cautions, “Please note that Advance Parole does not guarantee admission into the United States. Aliens with Advance Parole are still subject to the U.S. Customs and Border Protection inspection process at the port of entry.”