The United States has revised its approach to travellers using Advance Parole, a change that may expose some Kenyans living in the US to extended visa bans.
On August 13, 2026, the Board of Immigration Appeals (BIA) overturned a 2012 precedent that previously protected certain immigrants from triggering unlawful presence bars when travelling abroad with Advance Parole documents.
What is Advance Parole?
Advance Parole allows individuals with pending immigration applications or specific immigration statuses to leave the US temporarily and return without needing a new visa.
Previously, those who had accrued unlawful presence in the US could use Advance Parole to travel without the trip counting as a formal departure that would activate three- or ten-year inadmissibility bars.
New Ruling and Its Implications
- Leaving the US on Advance Parole after August 13 can now be considered a departure for immigration law purposes.
- Immigrants with over 180 days but less than one year of unlawful presence may face a three-year ban upon re-entry.
- Those with one year or more of unlawful presence risk a ten-year ban.
This change does not automatically impose bans on all Advance Parole travellers; outcomes depend on individual immigration histories and applicable exceptions.
Impact on Kenyan Immigrants
Kenyans in the US who have overstayed visas and rely on Advance Parole for travel—such as visiting family or attending emergencies—might now encounter harsher re-entry restrictions.
The ruling is especially relevant for those who entered the US without inspection and sought to adjust their status later, as they had previously considered Advance Parole travel safe from triggering unlawful presence penalties.
