CBP has clarified in Regional Carrier Liaison Guidance (“RCL Guidance”) that the January 20, 2025, Executive Order Securing Our Borders does not apply to those aliens arriving with a valid Form I-512 Advance Parole Document. This includes DACA, TPS, and common adjustment of status based Advance Parole grants. The guidance also confirmed that individuals being processed for Significant Public Benefit Parole in coordination with federal law enforcement partners are not impacted by the EO.
As outlined in detail below, even though the guidance clarified that adjustment of status applicants with a valid I-512 may be admitted, we urge caution and recommend that employees maintain their underlying visa status and travel using valid H and L visas to the extent possible.
As summarized in our firm’s earlier alert, President Trump’s Day One Immigration Executive Order (EO) “Securing Our Borders” directed the Department of Homeland Security (DHS) to end certain parole programs and cease use of the CBP One application. The EO led to widespread uncertainty regarding a wide array of parole programs and travel pursuant to previously issued I-512 Advance Parole documents. CBP confirmed in the RCL Guidance that the EO’s direction to “terminate all categorical parole programs that are contrary to the policies of the United States” includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan applicants. The EO did not immediately impact the Uniting for Ukraine (U4U) or Afghan parole programs, although the U4U program has now been paused while DHS reviews the program under the directives of the EO.
In practice, concerns remain regarding the stability of travel and re-entry to the United States utilizing an I-512 Advance Parole travel document, including by individuals holding Advance Paroles issued as part of routine I-485 processing. Admission to the U.S. using an I-512 remains discretionary and is not guaranteed. We have listed several recommendations below:
- It may be advisable to defer unnecessary travel until clear guidance, procedures, and training are in place for CBP officers at the various ports of entry.
- Clients with “dual intent” H or L visas should present valid nonimmigrant visas to facilitate re-entry in lieu of relying on Advance Parole.
- Should travel be necessary and there is no underlying H or L visa, it may be helpful to bring copies of the RCL Guidance until training is fully rolled out.
- Clients in other nonimmigrant statuses that are not recognized as “dual intent,” such as O, E, F, and TN status, who have an I-485 pending should be prepared to explain to CBP that admission in their non-immigrant status may trigger the abandonment of a pending I-485 and continue to request admission pursuant to their valid Advance Parole.
- Individuals seeking to travel with parole documents should be prepared for longer periods of review and questioning in CBP’s Secondary Inspection and should be prepared to present relevant documentation upon request. For example, travelers presenting Advance Parole documents related to a pending I-485 application should confirm that their I-485 remains pending and travel with a copy of their I-485 receipt notice, as CBP often seeks to confirm whether the I-485 remains pending during Secondary Inspection.
Klasko Attorneys continue to track these developments. If you have any questions regarding travel, please contact your Klasko attorney.
If you have any questions or would like to discuss how these changes may impact your business or immigration matters, please contact one of our immigration attorneys.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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