Immigration attorney Willy Allen announced on Tuesday that he is halting the use of Advance Parole as an immigration tool for his clients and will not recommend it in the foreseeable future. This decision follows a change in policy by the Board of Immigration Appeals (BIA) affecting Cubans awaiting the Cuban Adjustment Act and holders of DACA and TPS.
The catalyst for this decision is the Matter of Delcarmen-Lara, a ruling issued by the BIA on August 13, 2026. This ruling overturned the 2012 Arrabally precedent, reinstating the view that leaving the U.S. with Advance Parole constitutes a "departure" that triggers re-entry bans for unlawful presence: three years for those with more than 180 days but less than a year, and ten years for those with a year or more.
"At this point, I'm not going to use Advance Parole anymore, and I'm not going to recommend it to my clients," Allen declared during his weekly program with host Tania Costa, which aired on Tuesday instead of its usual Monday slot at 11:00 AM Miami time.
Impact on Immigration Strategy
Allen explained that for decades, he used this travel permit with TPS clients from Honduras, Nicaragua, El Salvador, and Haiti who entered the U.S. by land or sea, as well as with DACA beneficiaries and some Cubans under the I-220A program, to obtain legal entries that would later facilitate their status adjustment.
However, he now believes this strategy is no longer viable. "It could simply be another way to put people in a more difficult situation upon their return to the United States," he warned.
Consequences for Cuban Nationals
The impact is particularly significant for Cuban nationals awaiting the Cuban Adjustment Act, which allows them to apply for permanent residency after at least one year and a day in the U.S. Those with accumulated unlawful presence who leave with this permit after August 13 could trigger a bar preventing status adjustment, Allen added.
Allen also decided to suspend the use of Advance Parole for individuals who have always remained legally in the U.S. but used it for family emergencies while awaiting resolution of their adjustment, whether through marriage or Cuban pathways.
Response and Criticism
Organizations such as the American Immigration Lawyers Association (AILA) criticized the BIA's decision, accusing it of punishing individuals who follow the rules and reversing 14 years of established jurisprudence. The BIA stated that the new interpretation applies prospectively, meaning trips taken before August 13, 2026, are not affected.
While Allen had previously warned about the risks of Advance Parole for Cubans with I-220A, this new scenario bolsters his stance of extreme caution regarding any international travel that could jeopardize an ongoing immigration process.
Understanding the Impact of BIA's Decision on Advance Parole
What is Advance Parole?
Advance Parole is a travel document that allows certain non-citizens to return to the United States without a visa after traveling abroad, typically used by DACA, TPS recipients, and others in specific immigration situations.
Why did Willy Allen stop recommending Advance Parole?
Willy Allen stopped recommending Advance Parole due to a BIA decision that could result in significant re-entry bans for those with unlawful presence, making it a risky option for his clients.
How does the BIA decision impact Cubans awaiting the Cuban Adjustment Act?
Cubans awaiting the Cuban Adjustment Act who have accumulated unlawful presence and travel with Advance Parole after August 13 could face bars that prevent them from adjusting their status, impacting their residency applications.