Kenyans in US face new immigration risk when travelling to Kenya on Advance Parole
Kenyans living in the United States who plan to travel to Kenya using Advance Parole now face a new immigration risk if they have accumulated enough unlawful presence. A new ruling by the Board of Immigration Appeals (BIA) has changed how US immigration authorities treat departures by people travelling on Advance Parole, potentially exposing some […]
Kenyans residing in the United States who intend to travel to Kenya using Advance Parole may now face increased immigration risks under a recent ruling by the Board of Immigration Appeals (BIA). The 2026 decision potentially bars some immigrants from returning to the US for three or ten years if they have accumulated unlawful presence before obtaining Advance Parole.
Previously, a 2012 BIA precedent protected Advance Parole holders from such bars. The new ruling treats departures by Advance Parole holders as departures for unlawful-presence bar calculations. This could expose Kenyans who have overstayed visas, accumulated unlawful presence, and later applied for Advance Parole to a three-year bar if they stayed 180-364 days illegally, or a ten-year bar for stays of one year or more.
The change may also impact those who entered without inspection. Advance Parole allows pending immigration cases to travel abroad but may now count as a departure. The ruling is prospective, not retroactive. Kenyans with complicated immigration histories should consult immigration lawyers before traveling, as the individual circumstances determine the risk.
The key question is no longer whether Advance Parole eliminates the unlawful-presence bar but whether the traveller’s specific situation triggers the three-year or ten-year inadmissibility bar post-travel.
Written by urgent.news from People Daily Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
This story
This is one outlet's version. Read the fullest account.
- US names Kenya among countries at risk of illegal Chinese goods transshipment peopledaily.digital
