- A new BIA ruling treats advance parole departures as triggers for three- and ten-year inadmissibility bars.
- Applicants with over one hundred eighty days of unlawful presence face significant risks when traveling abroad.
- Filing fees have changed, now requiring separate payments of six hundred thirty dollars for most new adjustment applicants.
Pending I-485 applicants should review their unlawful-presence history before filing Form I-131 or leaving the United States with Advance Parole. A new Board of Immigration Appeals ruling says that departure can trigger the three- and 10-year inadmissibility bars.
The decision came August 13, 2026. In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA overruled 14 years of precedent under Matter of Arrabally and Yerrabelly.
The ruling treats departure under a grant of advance parole as a departure for section 212(a)(9)(B)(i) of the INA. Applicants who accrued more than 180 days of unlawful presence could face a bar to returning and may be unable to obtain permanent residence through the pending case.
Free toolSubstantial Presence Test CalculatorUSCIS added a warning to its travel-document page August 14. The agency wrote:
"As of Aug. 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility. Aliens considering a departure with an Advance Parole Document should be aware that they may be inadmissible. if they have accrued more than 180 days of unlawful presence."
Before submitting the application, applicants should determine whether they have ever accumulated more than 180 days of unlawful presence. The new rule concerns travel after approval, too. An already-issued document does not remove the need to assess that history before departure.
The filing fee now depends on when the adjustment case began
USCIS eliminated the former bundled-fee structure for most applicants. People whose adjustment applications were filed on or after April 1, 2024, generally must pay a separate travel-document fee.
The current amount is $630 for a paper filing or $580 online. Applicants can check the agency’s fee schedule before submitting payment.
A separate immigration parole fee may also apply. DHS established a $1,000 charge effective October 16, 2025, under Pub. L. 119-21, known as “HR-1.” The charge may be collected at the port of entry or when the request receives approval.
USCIS said August 14 that it is currently “pausing the collection” of some HR-1 fees for specified class members in Ms. L. v. ICE. General applicants should account for the possible fee while reviewing the filing cost.
Payment rules changed as well. Beginning October 28, 2025, USCIS stopped accepting paper checks or money orders for many paper submissions. Applicants must use Form G-1450 for credit-card payments or Form G-1650 for ACH debit.
A work permit card may not authorize a return trip
USCIS has largely moved away from issuing combination cards. Most applicants now receive a plastic employment authorization document and a separate paper travel document, Form I-512L.
The card may say “NOT VALID FOR REENTRY.” That wording is not a substitute for the paper document. Leaving with only the employment card, without the paper Form I-512L, will result in automatic abandonment of the pending adjustment application.
Applicants should therefore verify the document in hand before traveling. Approval of employment authorization alone does not establish that the person has the required travel document.
Initial evidence must carry the case without an RFE
A USCIS Policy Alert issued August 5, 2026, says officers may deny cases without first sending a Request for Evidence or a Notice of Intent to Deny when the initial submission is incomplete or lacks “clear and convincing” proof of eligibility.
That standard affects requests based on humanitarian reasons or significant public benefit. Applicants in those categories should include supporting third-party records with the first submission, including medical records and death certificates when those documents support the request.
The filing should also use the 01/20/25 edition, or a later edition, of the travel-document form. Using an outdated edition can create a separate filing problem.
Five checks should come before filing or departure
The following points bring the current requirements together:
| Check | What the applicant should verify |
|---|---|
| Unlawful presence | Whether the applicant has accumulated more than 180 days before traveling under the new BIA rule |
| Travel document | Whether the applicant has the paper Form I-512L, rather than only an employment card carrying a reentry disclaimer |
| Immigration status | Whether valid H-1B or L-1 status remains available, since people maintaining those statuses may not need advance parole |
| Filing charge | Whether the adjustment application began on or after April 1, 2024, requiring a separate travel-document fee |
| Form edition | Whether the submission uses the 01/20/25 edition or a later version |
H-1B and L-1 workers still must maintain status eligibility if they rely on that route instead of seeking travel permission. A pending adjustment case does not eliminate that requirement.
The BIA decision and USCIS warning make the unlawful-presence review the most consequential step. Applicants with a complicated entry, departure, or status history should resolve that issue before booking travel or relying on an approved document.
USCIS maintains the travel-document filing page, while the Department of Justice publishes the Delcarmen-Lara decision.
